Pennsylvania Simple assault Defense Attorney

The most common assault charge brought in Pennsylvania is Simple assault. The definition of Simple assault is found in the Pennsylvania Crimes Code at 18 Pa.C.S. Sec. 2701. Simple assault is a misdemeanor of the second degree. If Simple assault is the result of a fight entered into by mutual consent of the parties, it is downgraded to a misdemeanor of the third degree. Simple assault carries a maximum penalty of two years incarceration. A typical sentence for an assault case would be 2 years probation unless any aggravating circumstances are present.

Simple assault is charged in domestic situations, usually where the husband is abusing his spouse, and it is charged in situations where a fight occurs. In order to be convicted of a Simple assault the Commonwealth must prove beyond a reasonable doubt that you "intentionally, knowingly or recklessly caused bodily injury to another you attempted to do so." Bodily injury is defined as "impairment of physical condition or substantial pain." 18 Pa.C.S. Sec. 2301. When charged with Simple assault 9 times out of 10 the police will also charge you with the summary charge of Harassment. This gives them a fall back if the Simple assault charge is dismissed.

Simple assault is the lesser included offense of Aggravated assault. Harassment is the lesser included offense of Simple assault.

You May be Denied the ARD Program in Domestic Simple Assault Cases

Some counties like Philadelphia county have pre-trial diversionary programs designed to curb domestic violence. For instance, in Philadelphia if you enter the "Do-it program" you can have your pending assault charges dismissed against you so long as you complete the classes which focus on problem solving strategies to curb domestic violence. The most important thing is that at the end of the case you are eligible to have the charges expunged and will have a clean criminal record. Unfortunately, some counties (i.e.- Chester) deny defendants the ARD program in domestic Simple assault cases. This means you need an attorney that is prepared to take the case to trial. Your criminal record is on the line. A misdemeanor such as Simple assault will stay on your record until you are 70 years old.

Call my office before you plead guilty to a Simple assault charge. Simple assault is one of the easier charges to beat in the Pennsylvania criminal system. Many times the victim will not show up to court or will refuse to testify. If this occurs, I am able to have domestic Simple assault cases dismissed at the preliminary hearing. If the victim does show up to court, these cases are winnable in a jury trial. Domestic cases are usually "he said, she said" situations and if the defendant is denied ARD he or she usually has no prior criminal history. I use this to my advantage in a trial. I let the judge and jury know that you have no prior criminal record and you will be punished for the rest of your life with the burden of a criminal record. Juries usually feel hesitant to convict in these types of cases.

If you or someone you love has been charged with a Simple assault, be sure to contact Jason R. Antoine, Pennsylvania Simple Assault Lawyer before you speak with police. These charges can be beat.