Assault is a serious violent crime that prosecutors and police consistently seek harsh penalties for. Even “low-level” assault charges for “simple” assault can land you in jail, while “aggravated” assault charges and assault in various situations can increase the penalties.
Our attorneys represent defendants in assault cases and seek to lower penalties, fight evidence, and potentially get charges dropped or dismissed. In many cases with serious allegations involving domestic violence or serious injuries, the best way to defend you may be to fight the case at trial.
For a free case assessment, call our assault defense lawyers immediately at Kenny, Burns & McGill by dialing (215) 423-5500.
What Constitutes Assault in Philadelphia?
Pennsylvania’s criminal code has an entire chapter devoted to assault crimes. This leaves many different levels and categories of assault, but the basic underlying conduct is the same: one person hits or injures another person intentionally.
Different types of assault result in different charges. For example, use of a paintball gun has its own section, as does use of a firearm. Additionally, assault in different situations – such as assault by a prisoner or assault by throwing things at a moving car – also results in different charges.
An attempt to injure someone is also included within most statutes, so “attempted assault” counts the same as assault.
Simple vs. Aggravated Assault
The two main types of assault are “simple” and “aggravated” assault, with aggravated assault being the more serious charge.
Simple Assault
Under 18 Pa.C.S. § 2701, less serious attacks and injuries are covered. The core offense is intentionally, recklessly, or knowingly injuring someone else to the level of “bodily injury.” This also covers attempts to do the same.
Additionally, simple assault also covers negligent injuries using a deadly weapon or use of “physical menace” to put someone in imminent fear of “serious bodily injury.”
Aggravated Assault
Under 18 Pa.C.S. § 2702, aggravated assault covers more serious versions of the same conduct.
Where simple assault focuses on “bodily injury,” aggravated assault covers intentionally causing “serious bodily injury.” While simple assault covers negligent injury from a weapon, aggravated assault is also charged any time a weapon is used intentionally.
Otherwise, most of the subsections upgrade charges from simple assault to aggravated assault when the victim is from certain classes. This covers teachers, police officers, hospital workers, and public transit workers.
Some of these are explained in the parts of the law laying out the conduct, while others are addressed within the penalties section.
Can I Beat Assault Charges in Philly?
Depending on the level of assault you are charged with and the facts surrounding your charges, the case against you might be quite winnable. In others, our best option might be to fight on the edges of the case and hope to get charges dropped or – if you are willing – negotiate a plea to reduced charges.
Winning Cases
Our assault defense lawyers can get the case against you dropped or dismissed if the prosecution’s evidence is weak, their witnesses are unreliable, or the charges they filed simply do not match the situation.
Many police overcharge, hoping people will just plea to reduced charges to the correct level. However, when the charges are inappropriate in the first place, our lawyers will seek to get charges dismissed by a judge or dropped by a prosecutor.
If there simply is not enough evidence to justify the charges, we can show the judge where the government has not met its burden of proof and shut down the case before trial. At trial, if the case is weak, we can show the jury where “reasonable doubt” should push them to acquit you.
Fighting Evidence
Sometimes police make arrests and seize evidence without probable cause. If this happened, then we might be able to get evidence – or even the arrest – thrown out.
When police show up at a bar or a party and stop a fight, they might enter private property illegally, they might track down suspects based on bad witness identifications, and they might even try to arrest you without a warrant on that bad evidence. All of these issues could be grounds to get evidence blocked.
If there is insufficient evidence, the prosecution cannot proceed with the case.
Plea Negotiations
Our lawyers cannot have you accept a plea deal unless you want to – but we also cannot make the prosecution offer a plea deal. Most cases do ultimately end with guilty pleas, often in exchange for reduced sentences or charges.
In some cases, questionable “aggravated” assault charges might be “pled down” to simple assault, and “simple” assault charges might even be “pled down” to disorderly conduct or other charges involving only a fine. However, this might not be available in every case, especially if your alleged conduct was very serious.
Penalties for Assault in Philadelphia
Depending on the specific conduct alleged, assault can range from a third-degree misdemeanor to a first-degree felony. Simple assault charges are typically all misdemeanors, while aggravated assault charges are typically all felonies.
At sentencing, judges analyze many factors, such as cooperation with police, the age of the victim, your prior planning, and the viciousness or use of a weapon, producing a potential range of penalties. Sometimes probation is possible, helping you avoid jail time for lower-level assault crimes.
Domestic Violence Charges for Assault
One factor that can make assault charges even more serious is domestic violence claims. We have no specific crime of “domestic abuse” or “domestic violence,” and instead, charges like assault, stalking, and harassment are charged as domestic violence crimes, upgrading the potential penalties and collateral consequences.
When you are arrested for assault that is deemed domestic violence – i.e., it is committed against a household member – the police can take further steps to strip you of your firearms. Getting bail can also be harder, and you can be prohibited from returning to your home or seeing your shared children due to bail terms or temporary protection from abuse orders.
Our lawyers can fight these allegations, challenge “threat assessments,” and challenge upgraded penalties that might be applied at sentencing for these charges.
Call Our Philadelphia Assault Defense Lawyers Right Away
Call (215) 423-5500 for a free case review with Kenny, Burns & McGill’s assault defense attorneys today.
