If it is a fight where both parties enter by mutual consent, it is a Misdemeanor 3 … The first and most important thing to do is to hire the right lawyer. SIMPLE ASSAULT AGAINST A LAW OFFICER Assault directed toward a law officer can be a first degree felony and is actually punishable as an Aggravated Assault. Whether holding a weapon and threatening someone or almost hitting them with a car, you can face a simple assault charge. One year in prison and/or a fine of up to $2,000 for a misdemeanor of the third degree. For domestic cases, hopefully the prosecutor is reasonable and uses appropriate discretion. Often, people accused of simple assault were simply acting in self-defense. Under this statute, simple assault is defined as an intentional attempt to cause another person bodily harm. Was the alleged victim actually injured by you, or are they trying to settle some score. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization. Many states mandate you to attend anger management classes when convicted with simple assault. Were your actions really “intentional, knowing, and reckless”? There really is nothing simple about simple assault charges. First-Time Assault and Battery Can Be Scary . For example, “Simple Assault with Mutual Consent” (i.e. baltimoresun.com/maryland/carroll/news/crime/cc-poole-assault-20190822-mpkv4whytfavjfbl2lklee6h6e-story.html, https://www.mtvlaw.com/understanding-theft-by-deception-in-pennsylvania/, Listen to our Commercials on KYW Newsradio 1060. There is also the possibility that the charge could be reduced to a summary offense. If you or a family member is accused of committing a first-time drug offense, or has been placed under arrest, you should consult with a drug defense lawyer immediately. Simple Assault. These categories are known as simple assault and aggravated assault. The information is not intended to create, and any receipt thereof does not constitute, an attorney-client relationship, nor does your use of any part of this website create or constitute an attorney-client privilege. They still need a solid defense, as the penalties are harsh. Hiring a skilled simple assault lawyer can help you understand your charges and build a solid defense to ensure your best outcome. If it is against a child under the age of 12 by an adult over the age of 21, the charge will be a first degree misdemeanor, carrying a penalty of up to five years in prison. Whatever the situation, it is important to protect your rights and ensure your story is told. How an Attorney Can Help Pennsylvania Assault Laws & Penalties Simple Assault is a misdemeanor charge of either first, second, or third degree, depending on the circumstances. Negligent use of a deadly weapon could also result in assault charges. In a few cases, especially the domestic violence ones, the simple assault charges may be dismissed if you agree to attend the anger management classes; you may be allowed to plead guilty to the lesser charge of summary disorderly conduct. Recklessly causing someone else harm is also considered simple assault. Let us start by giving you a short overview on how to get a simple assault misdemeanor expunged from your record. First, simple assault may consist of failed battery. Because you don’t have to touch person, it is possible that someone with a grudge against you may claim you intended them harm, even if you didn’t. The materials on this website have been prepared by the Fienman Defense LLC for informational purposes only and are not legal advice. Philadelphia Drug Charge Attorney Can Help You Fight Penalties for a First-Time Drug Possession in PA. Aggravated assault is intentionally, knowingly, or recklessly causing serious bodily injury to another (or attempting to do so), under circumstances that show an extreme indifference to human life. The first charge of stalking with no prior rules in place is usually a call for a $20,000 bail cost in California as an example, and just $10,000 for the 2nd charge in Oklahoma (the judge is involved in the first charge in Oklahoma regulations). Even years later, you could suffer the negative consequences of your conviction. When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. Further, we reserve the right to accept or decline representing any person or organization in any matter. To schedule a free and confidential consultation with attorney Fienman, call (215) 839-9529 or submit the details of your case through our online form. In other words, if he could potentially implicate himself in a crime (simple assault, terroristic threats etc. Simple assault is always charged as a misdemeanor in Pennsylvania, although there are varying degrees. 2701. Aggravated Assault requires the Commonwealth to prove that the defendant caused or attempted to cause serious bodily injury. Contact us today to learn more. Another plea option for a defendant charged with simple assault is a plea to a lesser charge. Featured in the Philadelphia Inquirer and TV, van der Veen, O’Neill, Hartshorn, and Levin, Michael van der Veen interviewed by the Executive Leaders Radio. In order to get a first-time assault conviction, the prosecution must prove assault involving one of these three scenarios beyond a reasonable doubt. In assault cases that involve an alleged perpetrator over the age of 21 and an alleged victim under the age of 12, first-degree assault charges are typically laid, regardless of whether or not injury occurred. Typically, a simple assault conviction is a second-degree misdemeanor and comes with severe penalties, including jail time, based on the severity of the assault and prior convictions. Simple Assault Charges in Pennsylvania. Free Guide to Self-Defense in PA What are the Penalties for Simple Assault? Pennsylvania’s simple assault laws are outlined in the Crimes Code in 18 PA C.S.A. Difference Between Simple Assault and Aggravated Assault in Pennsylvania. While a misdemeanor is not as serious as a felony, that doesn’t mean you shouldn’t worry about your charge. An M3 is punishable by up to one year in prison and a $2,000 fine. Philadelphia Simple Assault Lawyer. Pennsylvania law also has a “provocation defense.” If a person deliberately provoked you into attacking them, your charges may be diminished. That said, with no prior record you will almost certainly not see any jail time for this incident. An assault is not a crime against property – it’s a crime against a person. Bar fights commonly result in assault charges. it is a misdemeanor of the third degree; or (2) against a child under 12 years of age by an adult 21 years of age . Should the case go to trial, we will fight to present the strongest defense possible for your situation. And there are really only two scenarios in which you can be charged with this misdemeanor crime. A simple assault charge usually involves minor or no permanent injuries. If you get into a fight that was mutually started by you and any other participant, you can be charged with a misdemeanor of the third degree. Five years in prison and/or a fine of up to $10,000 for a misdemeanor of the first degree, Two years in prison and/or a fine of up to $5,000 for a misdemeanor of the second degree, One year in prison and/or a fine of up to $2,000 for a misdemeanor of the third degree. Simple Assault This is the most basic type of assault charge in Canada, and, at this level, can be prosecuted in two ways. You need an attorney who is just as skillful and unfaltering in your corner. We're also a trusted authority on Pennsylvania criminal defense and have been featured in media outlets both regionally and nationally. But the harm has to be more than a simple push or shove or even a slap. However, there are several exceptions to that general statement and you should not assume your are ARD eligible just because this is your first DUI, Theft, or Simple Assault charge.