Understanding Simple Assault in Pennsylvania: Navigating the Fine Line Between Child Discipline and Criminal Behavior

As a parent, discipline is a crucial aspect of raising children. Without proper discipline, a child can become a horrible future adult.
But who has the right to say what activities or punishment is “too far” in Pennsylvania? You might be surprised to learn that there are no bright line laws or rules; it’s left up to the police and the DA to make that call.

It can be challenging to determine what constitutes appropriate discipline, especially when it comes to physical punishment.

In Pennsylvania and in a nutshell, simple assault is defined as intentionally, knowingly, or recklessly causing or attempting to cause bodily injury to another person. This law applies to all individuals, including parents who engage in physical discipline with their children.

The line between lawful corporal punishment and simple assault can be thin, and while it’s important for parents to understand the boundaries, it’s also important that there are no definitive answers. While some forms of physical punishment, such as spanking, are generally accepted, it’s essential to be mindful of the force used and the context in which it’s applied. Is there bruising? Are there marks? What about if you go to grab up your child and unintentionally dislocate a shoulder? Is that a crime? Circumstances such as the age, the size and even the gender of all of the parties involved will be examined.

Some DAs come from very privileged and very elitist backgrounds that philosophically believe that any form of punishment is criminal.

The line becomes more fuzzy with psychological punishment as we have seen some police charge parents based upon psychological punishment that isn’t physical.

Also, let’s face it, children lie. Also children exaggerate. This is especially the case as the investigation develops because the child receives attention, soothing and benefits such as toys, candy and in some cases even video games for “telling the whole truth.” While a child may not want to consciously lie, these rewards provide the incentive. Plus, it at the very least will give a temporary reprieve from any form of discipline. We know this. We can expose this.

A conviction for simple assault can result in up to two years in prison and substantial fines. Additionally, a criminal record can have a lasting impact on a person’s future, affecting their employment prospects, housing opportunities, and other aspects of their life. Plus, there are entirely separate and distinct investigations by the county Children and Youth Services.

It’s essential for parents to be aware of the laws and regulations surrounding child discipline in Pennsylvania. The state’s child abuse laws are meant to protect children from harm, but they can also result in false accusations and wrongful arrests. In these cases, it’s crucial to have experienced legal representation to defend your rights and ensure a fair outcome.
The McShane Firm has extensive experience representing clients charged with simple assault in Pennsylvania. Our team of criminal defense attorneys is knowledgeable in the state’s laws and regulations and understands the complexities of child discipline cases. We will work tirelessly to ensure your rights are protected and to achieve the best possible outcome for your case.

If you or someone you know has been charged with simple assault in Pennsylvania, it’s essential to seek experienced legal representation. Contact The McShane Firm today to schedule a consultation and discuss your case. Our team is committed to providing you with the guidance and support you need to navigate the legal system and protect your rights.