Charged With Assault? Work With A Trusted Scranton Defense Attorney.
If you have been charged with a serious crime such as assault, you face a stressful and frightening ordeal. Any type of criminal charge can be overwhelming, especially when you have been made aware of the possible consequences of a conviction.
If you or your loved one is facing a stressful issue, it is time to contact a Scranton criminal defense lawyer to defend you. This type of case can be very complex and confusing, especially if you consider how many accounts of the incident there might be. At Thompson Law, attorney William D. Thompson is prepared to offer you an effective legal defense.
Frequently Asked Questions About Assault In Pennsylvania
It is common for people who are facing assault charges and their loved ones to have many questions, including how much jail time they could get for assault in Pennsylvania. Some of other common questions include:
What Is The Difference Between Aggravated Assault And Simple Assault In Pennsylvania?
When it comes to assault charges, understanding the disparity between aggravated assault and simple assault in Pennsylvania is crucial. Simple assault refers to a misdemeanor offense that involves causing minor bodily harm or threatening to cause someone bodily harm.
On the other hand, aggravated assault is a more severe charge, and the courts classify it as a felony. It occurs when someone recklessly, knowingly or intentionally causes severe bodily injury to another person.
However, the identity of the alleged victim in an assault case also factors into the way you may be charged. Certain people, such as government workers, judges, teachers and first responders, are in a special class that can cause what might otherwise be a simple assault to be charged as aggravated assault.
What Is The Minimum Sentence For Aggravated Assault In Pennsylvania?
For those facing charges related to aggravated assault in Pennsylvania, the minimum sentence varies based on the circumstances surrounding the incident. These may include:
- The level of harm inflicted
- The presence of weapons
- The relationship between the parties involved
- Whether the alleged victim is in a protected class
- Whether you have any prior criminal record
If you are convicted of aggravated assault in the first degree, you can be sentenced to up to 20 years in prison. However, most people will be charged with aggravated assault in the second degree, which carries a sentence of up to 10 years in prison upon conviction.
With so much at stake, it is essential to have a capable defense attorney by your side, like Mr. Thompson.
Is Aggravated Assault A Felony In Pennsylvania?
Yes, aggravated assault is a second-degree felony in Pennsylvania. To qualify as aggravated assault, there must be factors showing it is more serious than simply assault. An example could be causing or intentionally attempting to cause serious bodily injury or death.
Another example is if the assault includes the use of a potentially deadly weapon. Even if the person survives their injuries, it may be aggravated assault if they are injured with a firearm, for instance, rather than merely with physical contact.
The target of the assault may also play a role. Aggravated assault charges are more likely if the person is a teacher, a school board member or a police officer. These charges can also apply when the victim is elderly or a child.
What Is The Difference Between Assault And Battery?
Pennsylvania law does not always use separate charges for assault and battery, so defense options may be similar. If a person faces assault charges, the state can also bring battery charges alongside them.
In a general sense, though, battery requires physical contact. Assault may include physical contact but can also include making credible threats and causing another person to fear for their life. For instance, threatening someone with a firearm could lead to assault charges if that person had a genuine fear for their life, even if the firearm was never discharged and they did not suffer physical injuries. Their fear and genuine belief are enough for an arrest after a credible threat. If they do suffer injuries, as noted above, then it may become an aggravated assault.
What Should You Do After Being Charged With Assault?
It is very important to quickly begin looking into your legal options. You may need to gather evidence, examine paperwork, talk to witnesses and much more as you create a defense strategy.
This can be complex and overwhelming, and it is important to move quickly. After all, assault charges – and especially aggravated assault charges – can have life-altering ramifications. You must know what steps to take and what legal options you have immediately after the charges. Do not delay in setting up an initial consultation with an experienced legal team that can help you explore your options and guide you through the complex criminal defense system. When your future hangs in the balance, do not take any chances.
Looking For A Competent Attorney In Pennsylvania?
Although they are often used together, assault and battery are not the same things. You can be charged with both crimes or just one depending on the incident which allegedly occurred. The specific details of how the crime was allegedly committed directly affect the consequences you could be facing if you are found guilty.
If you are convicted for an assault charge, you could face the following types of consequences:
- A significant fine
- Time in county jail
- Loss of privileges
- Permanent criminal record
It is important to understand that time is of the essence and the sooner you take legal action, the better. For example, if you were found attacking another individual in self-defense and were arrested and charged, it may be difficult to find witnesses who are willing to testify. A skilled and experienced criminal defense lawyer like Mr. Thompson can take the time to gather all of the necessary evidence to build a defense strategy for your case.
The firm is available 24/7 to answer your questions, and you can take advantage of an appointment after hours, including evenings and weekends. To discuss the details of your situation with an experienced lawyer, please contact the firm online or call 570-846-2819.