ASSAULT DEFENSE ATTORNEY IN PHILADELPHIA, PENNSYLVANIA
According to the FBI Uniform Crime Reporting (UCR) Program, there were 39,192 reported incidents of property crimes in the state of Pennsylvania in 2018 alone, resulting in over 24,000 aggravated assault cases. In the Commonwealth of Pennsylvania, a person can face assault allegations for getting involved in a physical altercation with another party. Depending on the nature of the offense, the victim’s age, and other related circumstances, a convicted defendant could be facing a number of penalties including substantial fines, lengthy jail time, and a lasting criminal record.
If you’re under investigation for assault (simple or aggravated) or have been arrested and charged with an assault crime, it is crucial that you speak with an aggressive and highly-skilled Pennsylvania criminal defense attorney immediately to protect your rights and help you build a strong defense. For over 20 years I have been dedicated to offering experienced and comprehensive legal representation to individuals facing assault charges. As your legal counsel, I will fight aggressively to protect your rights, outline an effective defense strategy for your case, and help you pursue the best possible outcome for your situation. I’m also proud to serve clients throughout Philadelphia, Pennsylvania, and the surrounding communities of Montgomery County, Delaware County, and Bucks County.
Understanding Assault Charges in Pennsylvania
Under Pennsylvania laws, an assault occurs when a person knowingly, intentionally, or recklessly inflicts, attempts to inflict physical injury or harm on another person, or intentionally puts someone in fear of potential danger or bodily injury. In Pennsylvania, assault can be categorized into two distinct categories — simple assault and aggravated assault.
Simple Assault Charges
Pennsylvania law defines simple assault as an attempt to cause bodily injury or harm to another person. According to Pennsylvania criminal code (18 PA C.S.A. 2701), a person commits simple assault when the defendant:
Intentionally, recklessly, or knowingly attempts to cause bodily injury to another person
Negligently causes bodily injury to another person using a deadly weapon
Attempts to intimidate or put another person in fear of possible serious bodily injury using physical menace
Intentionally harms or penetrates a law enforcement officer with a hypodermic needle while being arrested or searched.
Examples of Simple Assault
Some examples of simple assault include:
Pushing someone, even if it’s lightly
Pulling someone’s hair
Swinging your fist at someone and missing
Throwing an object at someone
Threatening to hit a person
Possible Penalties for Simple Assault
Potential penalties for simple assault charges in Pennsylvania usually depend on the nature of the offense, the victim’s age, and other circumstances surrounding the incident. If convicted, possible penalties include:
Charges: Third-degree misdemeanor (a scuffle or fight which both parties mutually consented to enter)
Prison Sentence: Up to one year
Charges: Second-degree misdemeanor (simple assault)
Prison Sentence: Up to two years
Charges: First-degree misdemeanor (an alleged victim is under 12 years while the alleged defendant is over 18 years)
Prison Sentence: Up to five years
A misdemeanor assault conviction can also remain on your criminal record forever.
Aggravated Assault Charges
Pursuant to Pennsylvania criminal code (18 PA C.S.A. 2702), a person is guilty of aggravated assault if he:
Attempts to cause serious or intentionally, knowingly, or recklessly cause injury to another person while showing extreme indifference to the value of human life.
Attempts to cause or intentionally, knowingly, or recklessly cause serious bodily injury to a police officer, parole officer, firefighter, deputy sheriff, sheriff, enforcement agent, or correctional officer performing their duties.
Attempts to cause or intentionally and knowingly cause bodily injury to another person using a deadly weapon.
Attempts to cause or intentionally and knowingly cause bodily injury to a member of the teaching community, including staff member, school board member, and student employee.
Attempts to intimidate or put a police officer, parole officer, firefighter, deputy sheriff, sheriff, or any other officer in fear of possible serious bodily injury using physical menace
Uses tear or noxious gas, an electric or stun gun to incapacitate any of the city or state officials mentioned earlier while performing their duties.
Possible Penalties for Aggravated Assault
Depending on the type of assault involved, aggravated assault may be charged as a first-degree felony or a second-degree felony. If convicted, possible penalties include:
Charges: Second-degree felony
Prison Sentence: Between 5 and 10 years
Charges: First-degree felony
Prison Sentence: Between 10 and 20 years
A felony assault conviction can also remain on your criminal record forever.
Work With an Experienced Assault Defense Attorney in Philadelphia, Pennsylvania
Trying to defend your Pennsylvania assault allegations without proper guidance or legal representation can increase your chances of getting convicted and facing the maximum punishment for your offense. If convicted, you could face severe consequences including a lengthy prison sentence, hefty fines, and a permanent criminal record. That’s why it is so important to work with a knowledgeable Pennsylvania criminal defense attorney who can protect your rights and create a strong defense strategy for your case.
For over 20 years I have been working to provide experienced legal counsel and reliable representation to clients facing both simple assault and aggravated assault charges. As your legal counsel, I will review every aspect of your case, conduct a thorough investigation, and craft a strong defense strategy that is uniquely tailored to the needs of your case. I will fight vigorously to protect your rights at every turn and address all of your needs and concerns from start to finish. If you or someone you know is facing assault charges, don’t face them alone. Contact my office today to schedule a free case consultation.
EXPERIENCED ASSAULT DEFENSE ATTORNEY IN PHILADELPHIA, PA
If you’re facing assault charges or allegations, reach out to my firm, the Law Offices of John Della Rocca, today to schedule a one-on-one case assessment. I can offer you the comprehensive legal counsel and reliable representation you need when navigating the complexities of the criminal justice system. I’m also proud to serve clients throughout Philadelphia, Montgomery County, Delaware County, and Bucks County, Pennsylvania.