If you were charged with assault or domestic violence offenses in West Chester, you need a lawyer. These charges can have immediate effects that restrict your rights quickly, even before you are convicted. Then, you may need to fight the charges in court.
Our lawyers can defend you, help present evidence in your defense, challenge the prosecution’s evidence and witnesses, and force them to prove every element of the case against you, if you want to fight the case all the way to trial. We can also potentially help negotiate plea agreements that may end the case quickly for reduced charges.
Call Kenny, Burns & McGill’s domestic violence and assault defense lawyers at (215) 774-5644 today for your free case review.
Assessing the Charges Against You
Whenever you are confronted with criminal charges for assault or domestic violence, the first thing to look at is the charges themselves.
Is the Charge Appropriate?
Many forms of assault are chargeable under multiple subsections, but there are important distinctions between these charges. If you are being overcharged, getting the prosecution to correct the charges to reasonable ones might be a good start in lowering the charges.
For example, if you are charged with strangulation, they need evidence that the victim’s life was in danger and they could not breathe. This requires evidence of things like bulging eyes, burst blood vessels in the face, and a risk of death – and it is not an appropriate charge for something like briefly putting your hands around their neck.
What Are the Potential Penalties?
Looking at all of the crimes together, we can assess what penalties you may be looking at. From that point, we can start working on a defense, looking into plea agreements, and seeing how hard you want to fight the charges before you.
What Constitutes Domestic Violence
Domestic violence is not a specific crime. Instead, there are a list of crimes that, if they are committed against a domestic partner, then they qualify as domestic violence offenses.
Predicate Offense
The predicate offense in domestic violence cases is often some kind of assault charge – be it simple assault, aggravated assault, or strangulation. However, you can be charged with other offenses as “domestic violence” crimes, such as harassment, stalking, or rape.
Committed Against Qualifying Person
Domestic violence crimes are only domestic violence if they are committed against an adult household member, dating partner, or the parent of a shared child.
Just because the alleged victim was the opposite sex does not automatically make the case domestic violence.
Physical Violence Not Necessary
It is a common misconception that domestic violence charges always involve actual physical violence. In many cases, intimidating communications or threats can also qualify as “domestic violence,” even if you did not actually hurt anyone.
Assault Charges
Assault charges typically come in two levels:
Simple Assault
Simple assault is typically charged for attacks that cause injury, but not substantial or serious injury. This is also typical of violence that did not involve a weapon.
Most simple assault charges require that the assault be intentional.
Aggravated Assault
If a weapon was used, you can be charged with aggravated assault for reckless use of the weapon, even if hurting someone was not intentional. Otherwise, aggravated assault is typically charged when serious bodily injury or use of a weapon was involved.
Assault against certain protected classes that would otherwise be simple assault is also upgraded to aggravated assault, such as assault of a police officer, teacher, or healthcare worker.
Other Penalties for Domestic Violence Charges
While you can be sentenced to probation or jail time, plus fines, for domestic violence charges, you can also face more immediate penalties before you are even found guilty.
Removing Firearms
Police can seize firearms and take them away from you or your home after a domestic violence arrest. This can take your guns away, even if you need them for self-defense, hunting, or work.
A conviction on felony offenses could also make it illegal to have a gun in the future.
Protection from Abuse Orders
The alleged victim can go to court and seek a protection from abuse order (PFA). They can get an emergency PFA without you present in court, and then it can last for several days before you get a chance to go to court and argue against it.
This can kick you out of your house and stop communications with the alleged victim, even if you are married to them or live with them. Bail conditions can also put similar restrictions on you, and witness intimidation laws mean you should probably avoid contact while the case plays out, even if there is no specific restriction.
Custody Issues
If you are accused of domestic violence against the parent of your children, that could be used against you in a custody case. This could give your ex grounds to file for custody changes right away.
A PFA may also give them access to the children and cut off visitation or shared custody rights temporarily, especially if the alleged abuse happened in front of your kids.
What Can You Get in a Plea Agreement for Assault or Domestic Violence?
A plea agreement may be available in some cases. For example, in a simple assault case where the injuries were mild and the alleged victim was also fighting back, they might offer to drop the assault charges if you plead guilty to disorderly conduct for fighting.
However, prosecutors in West Chester are reluctant to offer concessions in many plea agreements dealing with serious assault or domestic violence charges. In these cases, you might not get anything by pleading guilty. It might ultimately be better to have our domestic violence and assault defense lawyers take the case to trial.
Can You Get Bail for Assault Charges?
Bail is often available, especially for first-time offenders. However, if the court finds you a flight risk or a danger to the community, they may raise or deny bail.
If you have nowhere to go except back to a shared home with the alleged victim, the court might be reluctant to let that happen. Having somewhere else you can stay may be vital to your pre-trial release, whether that be a hotel room or staying with family/friends.
Can You Get ARD for Assault in West Chester?
Generally, violent crimes are not applicable for ARD in West Chester. This is a diversionary program that helps first-time and low-level offenders get their charges dismissed after performing community programs. However, it is not available for violent crime charges; they are more serious and may need to be challenged in open court.
Call Our West Chester Assault and Domestic Violence Defense Attorneys Today
Call (215) 774-5644 for a free case review with the domestic violence and assault defense lawyers at Kenny, Burns & McGill.
