Pennsylvania Assault
Charge? Fight Back!
Under Pennsylvania criminal laws, assault
is defined as "intentionally or knowingly causes
bodily harm to another, or attempts to do so putting
another in fear of injury". This definition can be
interpreted broadly by the police and the district
attorneys. An experienced defense lawyer may be able to
dispute the appropriateness of these charges in some
circumstances.
Any criminal charge is a serious legal matter, and can have
serious life consequences that affect your future.
Always consult with an experienced criminal defense attorney
such as myself, to make sure you rights are fully
protected, and to find out what legal defenses you may have.
Pennsylvania Assault Laws & Penalties
Simple Assault is a misdemeanor
charge of either first, second, or third degree,
depending on the circumstances.
- It is a Misdemeanor 1 (first degree) if you are
charged with an assault on a child under 12.
- It is a Misdemeanor 2 (second degree) in most
cases.
- It is a Misdemeanor 3 (third degree) if it is a
"mutual consent" assault, for example, a fight in
which both parties are equal participants.
Aggravated Assault is a Felony
charge.
- Aggravated Assault is a first degree felony
(Felony 1) if serious bodily injury
results, with "extreme indifference to human life".
- It is a second degree felony if any "deadly
weapon" is used, causing bodily injury. Many things
can be classified as a deadly or dangerous weapon,
including a knife, bat or blunt instrument or nearly
any object, or a car or vehicle.
How to Defend an Assault Charge in
Pennsylvania
There are often a variety of different defense
tactics to choose from in fighting an assault charge. It
greatly depends on the facts of the case, but I will
frequently argue that the charge does not fit the
circumstances, and are not appropriate under the
statute. These cases can be hard to prove if they depend
on the reliability of witnesses.
I may be able to negotiate many assault charges away
in exchange for anger management counseling if I get can
on the case at the preliminary hearing.
I'm a strong negotiator and I understand what the DAs
are looking for, so I will frequently work to knock the
charges down, such as from a felony aggravated assault charge to
simple assault, if possible, or certainly see if they
will charge a lesser degree offense.
Call me for a free consultation if you've been
arrested or accused of assault or aggravated assault in
Pittsburgh, PA or anywhere in Western Pennsylvania. I
will offer you some advice on what you can do, and
suggest some possible defenses, and how I can help you.
There's no obligation, and my consultation is strictly
confidential, even if you don't choose to hire me. Call
now.
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