Manchester and Associates

Pennsylvania Criminal & DUI Defense

Assault

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Domestic Violence Charges in Pennsylvania (2)

People often call our office and say they have been charged with Domestic Violence.  When we hear that, we always ask what the exact charges are because in Pennsylvania “Domestic Violence” is not an actual charge. It is a label that is applied to other offenses which can make the punishment more serious.  The typical offenses that are charged in a “domestic violence” incident are Harassment, Simple Assault, Aggravated Assault, Reckless Endangerment, Strangulation, and Unlawful Restraint. What makes them domestic violence related is when these crimes occur where the victim is a spouse, boyfriend, girlfriend, domestic partner, child, or family member of the person accused of these crimes.

A charge labeled as domestic violence related is treated differently and more harshly by the law. The harsher treatment starts at the investigation stage. When a police officer investigates a crime and it is determined to be domestic violence related and they see any physical signs of injuries the police officer may and usually do take the defendant into custody. For example, if a person calls the police and says their husband hit them and they have a bruise or scratch, then the police officer most likely will take the defendant into custody right away and file charges before an in-depth Investigation is completed.  

If you are charged with crimes that are designated as “domestic violence” the Magisterial District Judge who sets bail in your case can add conditions of bail preventing you from contacting your alleged victim or even preventing you from entering any residence the alleged victim lives in, even if you pay for that residence. For example, if a husband accused of assaulting his wife and they own a house together, a bail condition will likely be that the husband can’t go back to his own house.

If you are ultimately convicted of a domestic violence related offense you can be sentencing to a period of probation up through a state prison sentence depending on the offense you are convicted of.  You will also be required to participate in domestic violence related counseling.  Failure to complete that counseling can be the basis for a revocation of your supervision.  There are also collateral consequences if you are convicted of a domestic violence related offense. If a person is convicted of domestic violence, they lose their right to possess a firearm forever. It could even cost a person their professional license or security clearance.

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Not Guilty of Aggravated Assault

On May 15, 2014 Manchester and Associates Law Firm received a total not guilty verdict in Centre County. Defendant was charged with Aggravated Assault, Simple Assault, and Reckless Endangerment. Aggravated Assault is a first-degree felony punishable by a maximum of twenty years in state prison. The minimum sentencing range is 4-5.5 years in state prison. Aggravated Assault is one step below murder.

After a day long trial and after exposing the weaknesses of the government’s case and the victim’s changing story of what happened the jury completely acquitted Defendant of all charges.

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Simple Assault In Pennsylvania

Have you or someone you know been charged with Simple Assault in Pennsylvania? The charge of Simple Assault in Pennsylvania can have very serious consequences that can include up to five years in prison and thousands in fines.

There are varying degrees of Simple Assault in Pennsylvania; however all of them are misdemeanors. The charge of Simple Assault in Pennsylvania is a claim that you;

  1. Intentionally, knowingly or recklessly cause bodily injury to somebody else; or
  2. Negligently cause bodily injury to another with a deadly weapon; or
  3. Attempt by physical menace to put another in fear of imminent serious bodily injury; or
  4. Conceal or attempt to conceal a hypodermic needle on your person and intentionally or knowingly penetrate a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.

Simple Assault in Pennsylvania is a crime against another person, not their property. However, you can be charged with Simple Assault for just attempting to injure someone if they were put into fear of serious bodily injury. This means that it really depends on what the “victim” believes at the time of the incident. Obviously there is room here for someone who dislikes you to embellishing facts against you. A Simple Assault charge usually involves no injuries to minor injuries. However as stated you can be charged for simply by holding a weapon or threatening someone with harm. The level of Misdemeanor for Simple Assault charges in Pennsylvania are as follows:

  1. Fighting with mutual consent. This is a Misdemeanor 3 where the maximum penalty is 1 year in prison and a maximum fine of $2500.
  2. Simple Assault charge is for all the offenses listed above that are not committed during a mutual fight are considered Misdemeanor 2 where the maximum penalty is 2 years in prison and a maximum fine of $5000.
  3. The highest level of Simple Assault in Pennsylvania is against a child under 12 years of age by a person 18 years of age or older. This is a Misdemeanor 1 where the maximum penalty is 5 years in prison and a maximum fine of $10,000.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Simple Assault in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.