Even being accused of domestic violence can have lifelong reputational consequences. Actually being convicted of violence against a household or family member brings more serious consequences like prison time, so never underestimate domestic violence-related charges.
Domestic violence refers to certain offenses committed against family and household members, such as simple assault and aggravated assault. Simple assault is most often a second-degree misdemeanor, but can be a first-degree misdemeanor when committed against a victim under the age of 12. Aggravated assault is much more serious and can be charged as a first- or second-degree felony, depending on the situation. There are many other domestic violence-related charges defendants might face, all of which we can help with.
Call Kenny, Burns & McGill’s domestic violence and assault defense lawyers at (215) 774-5644 for your free case review today.
Is Domestic Violence a Criminal Offense in Norristown?
Rather than being an explicit offense in Pennsylvania, domestic violence refers to a wide range of violent or abusive behavior and criminal activity directed toward a family or household member.
Domestic violence is not a specific charge in Pennsylvania. Instead, police arrest and charge individuals for the underlying offense, such as simple or aggravated assault.
The fact that the alleged victim is a family or household member and that there is a domestic violence component to the case could affect sentencing and whether or not the prosecution offers a plea.
How is Simple Assault Charged in Norristown?
Simple assault is one of the most common charges that arise out of domestic violence in Pennsylvania and elsewhere. Second-degree misdemeanor offenses are relatively low-level offenses compared to felonies, but they can still carry serious consequences that defendants should try to avoid.
In general, prosecutors charge simple assault as a second-degree misdemeanor. However, it can be charged as a third-degree misdemeanor if the parties involved entered the altercation by mutual consent.
Simple assault can even be charged as a first-degree misdemeanor when committed by someone over 18 against a victim under 12.
How is Simple Assault Penalized in Norristown?
The penalties for a conviction for simple assault committed against a family or household member vary, depending on the degree of the charge the defendant faces.
For those convicted of third-degree simple assault misdemeanors, the penalty is up to 1 year in prison and $2,500 in fines. If you are charged with and convicted of a second-degree misdemeanor, you could face up to 2 years in prison and $5,000 in fines.
If you are convicted of a first-degree misdemeanor charge for simple assault, the maximum penalty is 5 years in prison and $10,000 in fines.
When is Aggravated Assault a Second-Degree Felony in Norristown?
Aggravated assault may be charged as a second-degree felony in Pennsylvania, a serious criminal offense.
Acting recklessly to cause bodily injury or using a deadly weapon to attempt or cause bodily injury results in second-degree felony charges for aggravated assault.
Defendants convicted of second-degree felonies can be sentenced to up to 10 years in a state prison and may have to pay fines of up to $25,000.
When is Aggravated Assault a First-Degree Felony in Norristown?
Aggravated assault can also be charged as a first-degree felony, the most serious classification of crimes in Pennsylvania, apart from murder.
Attempting to cause or intentionally or recklessly causing serious bodily injury and showing an extreme indifference to human life is a first-degree felony offense in Norristown.
First-degree felony convictions are punishable by up to 20 years in prison and $25,000 in fines.
What is the Statute of Limitations for Assault Charges in Norristown?
The statute of limitations restricts how long prosecutors can pursue charges for a specific offense. Statutes of limitations vary depending on the severity of the offense and are different for simple assault, aggravated assault, and other domestic violence-related offenses.
The statute of limitations to file charges for simple assault in Pennsylvania is 2 years from the date the alleged assault took place. For aggravated assault, the statute of limitations for prosecution is 5 years.
The statute of limitations can be tolled in certain scenarios, pausing the clock. This effectively extends the statute of limitations for the prosecution to file charges, so keep that in mind.
Why Do You Need a Lawyer for Domestic Violence and Assault Charges?
There are countless reasons why you need a domestic violence and assault defense lawyer to represent you if you are arrested and charged, and major consequences if you do not get an attorney.
Without a lawyer, you might accept a bad plea deal, make self-incriminating statements that compromise your defense, be denied bail, or even miss important court dates that you must be present for.
Can You Receive a Sentencing Enhancement for Domestic Violence Convictions?
Judges refer to sentencing guidelines and limits when sentencing defendants convicted of any offense, including domestic violence-related offenses. Do not assume the judge will be lenient on you if this is your first conviction, as sentencing enhancements might apply that affect your case.
You can receive a sentencing enhancement for committing a domestic violence-related offense in the presence of a minor. Applying the Domestic Violence Enhancement increases the Offense Gravity Score by one point, which the judge references during sentencing.
Can a Complaining Witness Drop Domestic Violence and Assault Charges in Norristown?
The complaining witness in a domestic violence or assault case may provide some of the most useful evidence to the prosecution. If that person recants their story or wants to drop the charges against you, can they?
It is not within a complaining witness’s power to drop criminal charges in Pennsylvania. That decision lies solely with the prosecution, and the alleged victim has no say either way.
While a complaining witness cannot force the prosecution to drop charges based on their personal wishes, a witness refusing to cooperate with the prosecution could lead to the charges being dropped.
Overcome Domestic Violence and Assault Charges with Our Help
Call Kenny, Burns & McGill today at (215) 774-5644 for help with your case from our domestic violence and assault defense lawyers.
