Domestic violence is not something prosecutors take lightly in Pottstown, meaning defendants should take any charges related to domestic violence seriously, even misdemeanors.
Prosecutors decide whether or not to file criminal charges against a defendant. While the alleged victim may influence the prosecution’s decision, the complaining witness does not decide whether to press charges. They also cannot drop charges; that decision also lies with the prosecution. Prosecutors also often decide to offer plea deals in domestic violence cases. Accepting a plea deal may or may not be the right choice for your case, and our lawyers can help you make the best decision for your future.
Call Kenny, Burns & McGill’s domestic violence and assault defense lawyers for your free case evaluation at (215) 774-5644.
Can Alleged Domestic Violence Victims Press Charges in Pottstown?
In most domestic violence cases, there is a complaining witness who reports alleged domestic violence to law enforcement. While this individual may be integral to the prosecution’s case against you, they have no actual decision-making power in the case.
The alleged victim cannot choose to press charges against you. They can tell law enforcement that they will cooperate and possibly even testify during a case, which might influence the prosecution’s decision to file charges.
Even if a complaining witness wants charges filed, the decision lies solely with the prosecution, which may not file charges for lack of evidence.
Can Alleged Domestic Violence Victims Drop Charges in Pottstown?
If the person who accused you of domestic violence has recanted the statement that led to your arrest, the charges against you will not automatically be dropped.
The complaining witness also has no say in whether criminal charges are dropped. Even if a complaining witness recants and refuses to help the prosecution any further, the prosecution may continue pursuing the charges if it has other evidence it can use.
Many domestic violence cases rely heavily on the testimony of the complaining witness, and, without it, prosecutors might decide to drop charges.
What Happens When Alleged Domestic Violence Victims Testify?
When prosecutors try defendants for domestic violence-related offenses, they may have the complaining witness testify as part of their case. While this can discourage defendants, it does not have to be overly detrimental.
If the prosecution calls the complaining witness to the stand, our domestic violence and assault defense lawyers will have the opportunity to cross-examine them. We may expose inaccuracies in their statements during cross-examination or ask questions that highlight their lack of credibility.
What is the Typical Penalty for Simple Assault in Pottstown?
The typical charge associated with simple assault is a second-degree misdemeanor. Though not nearly as serious as a felony offense, misdemeanor convictions can still carry notable consequences.
Simple assault carries a maximum sentence of 2 years in prison when charged as a second-degree misdemeanor and 5 years in prison when charged as a first-degree misdemeanor.
Keep in mind that sentencing enhancements may apply when defendants are convicted of domestic violence-related offenses in Pennsylvania.
What is the Typical Penalty for Aggravated Assault in Pottstown?
Aggravated assault can be charged as a first- or second-degree felony in Pottstown, both of which can carry lifelong consequences for convicted defendants.
Second-degree felony aggravated assault is penalized by up to 10 years in prison. Defendants may also have to pay up to $25,000 in fines and lose their right to bear arms indefinitely for having a felony conviction.
Domestic violence convictions for aggravated assault or other violent offenses committed against a household or family member can also affect child custody arrangements, as well as your personal and professional life.
How Common Are Plea Deals in Domestic Violence Cases?
It is relatively common for prosecutors to offer defendants facing charges for offenses related to domestic violence plea deals that will save them time, money, and other resources. It may or may not be in your best interest to accept a plea deal, so do not do so without getting our lawyers’ advice.
Plea deals are common in domestic violence cases so defendants can avoid the consequences associated with a conviction of a more serious offense. With a plea deal, aggravated assault might be downgraded to simple assault, changing the defendant’s charge from a felony to a misdemeanor and dramatically reducing their possible sentence.
Just because plea deals are common does not mean accepting one is the right path forward for your case, and our lawyers can also defend the charges in court to clear your name.
What Should You Do if You Are Arrested for Domestic Violence in Pottstown?
Being arrested for domestic violence can be confusing and emotional for anyone, and handling the aftermath properly can directly impact your future case and defense.
If you are arrested for domestic violence in Pottstown, invoke your right to an attorney immediately. Do not answer any questions from the police during an interrogation, and clearly state that you wish to remain silent and talk to a lawyer.
Do not try to explain yourself or provide context police officers lack. You might be emotional and stressed, which could lead you to say something that harms your case.
How Can You Defend Domestic Violence Charges in Pottstown?
How our lawyers defend domestic violence-related charges in Pottstown depends on the specific facts of your case. The more we know about what happened, the better we can help you, so tell us everything you can.
To defend you against domestic violence charges, our lawyers may argue that the complaining witness made false allegations and had a motive to lie, that you were acting in self-defense or in defense of others, or that there is insufficient evidence to prove domestic violence.
Get Help with Domestic Violence Defense in Pottstown
For help with your case from Kenny, Burns & McGill’s domestic violence and assault defense lawyers, call (215) 774-5644.
