An assault charge comes with several negative consequences that will affect your personal and professional life. It can also restrict your freedom and ability to move forward in life. A simple assault conviction in Pennsylvania can lead to jail time, probation, and hefty fines. The conviction also creates a permanent record, which harms your eligibility for federal assistance and job opportunities. It can also have significant immigration consequences, including deportation, and impact your child custody arrangement. With stakes this high, it is necessary to retain a simple assault lawyer as soon as possible.
If you are charged with a violent crime like assault in West Chester, Phoenixville, Kennett Square, Oxford, Coatesville, or anywhere in Chester County, contact attorney Michael J. Skinner. As a former Chester County prosecutor, he knows how assault cases are built and where to look for faults. He may find evidence that will lead to dropping or reducing the charges, or a pretrial dismissal. If your case is not resolved before trial, having a veteran trial lawyer will be invaluable in fighting for a favorable outcome. Contact us online or call Skinner Law Firm at (610) 436-1410 to schedule your free, confidential consultation.
Under 18 PA Cons Stat §2701, you can be convicted of simple assault if you:
It is important to note that negligently, recklessly, knowingly, and intentionally are all slightly different standards. You should speak with a simple assault attorney about the specific allegations and what the prosecutor must prove to obtain a conviction.
You can be charged with assault involving a deadly weapon without using a gun. Under 18 PA Cons Stat §2301, a deadly weapon includes:
Pennsylvania defines a bodily injury as an impairment of a person’s physical condition or substantial pain. A serious bodily injury is one that creates a:
A prosecutor may blame you for a serious bodily injury though you may know the other person was not seriously harmed. When there is a discrepancy between the charges and what happened, talk with a simple assault lawyer about pursuing lesser charges or fighting a conviction.
A prosecutor can charge you with a second-degree misdemeanor for assault. This is punishable by up to two years in prison and fines up to $5,000. You could receive probation for some portion or all of a prison sentence.
If you entered into a fight or scuffle by mutual consent, a prosecutor would charge you with a third-degree misdemeanor. This is punishable by up to one year in prison and fines up to $2,000.
This lower charge is for when you and at least one other person had a physical altercation that was not one-sided. Both or all of the people involved had to have implicitly agreed to enter into the fight.
Additionally, a prosecutor can charge you with a first-degree misdemeanor if you were 18 years or older, and the victim of the assault was a child under 12 years. This is punishable by up to five years in prison and fines reaching $10,000.
Simple assault is only one of the over 20 specific offenses outlined under Title 18, Chapter 27 of Pennsylvania’s Consolidated Statutes.
Skinner Law Firm also will defend you against charges of:
Upon hearing the facts of your particular case, your attorney may be able to identify defenses to an assault arrest or address other mitigating factors to reduce your charge or even have it dismissed.
Common assault defenses include
A simple assault charge needs to be dealt with quickly and effectively by someone who understands the legal process. The faster you begin addressing this charge, the faster you will be able to move on with your life. Michael J. Skinner of the Skinner Law Firm is a former Chester County prosecutor and has defended individuals facing simple assault charges for years. He will apply his unique knowledge and experience about how both sides approach these cases and work towards improving the chances of a favorable outcome, such as a dismissal or acquittal.
To schedule your free consultation, contact Skinner Law Firm online or call (610) 436-1410 today.