Pennsylvania Assault Lawyer
If you are facing assault charges in Pennsylvania, turn to Klopp Law for strategic legal representation. Allegations of assault can profoundly affect your life, reputation, and future.
Convictions can often result in lengthy prison sentences, depending on various factors. Our firm is committed to ensuring that your rights are protected.
Understanding Assault Charges
Under Pennsylvania law, assault charges may result when the circumstances involve physical harm, threats, or unwanted physical contact. The severity can vary from a misdemeanor simple assault – when one attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another person – to felony aggravated assault – when one attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.
At Klopp Law, we understand these implications and offer comprehensive defense against numerous types of assault charges, including Misdemeanor Simple Assault, Felony Aggravated Assault, Assault with a Deadly Weapon, Assault Against an Enumerated Person, and Aggravated Assault by Vehicle. The two most commonly charged types of assault are described in more detail below:
Simple Assault
In Pennsylvania, under Title 18, § 2701 of the Pennsylvania Crimes Code, simple assault, is when a person attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another person or negligently causes bodily injury to another person with a deadly weapon. The prosecution need not prove actual injury for a simple assault charge to result in a conviction. A person can commit simple assault just by putting another person in fear of imminent serious bodily injury if the person making the threat is able to carry out the threat and takes affirmative steps to do so. However, mere threats by themselves do not constitute simple assault.
Simple assault is usually graded as a second-degree misdemeanor unless it is committed during a fight or “mutual scuffle” then it may be graded as a third-degree misdemeanor.
Examples of simple assault in Pennsylvania case law include:
- Grabbing someone by the arm and threatening them
- Concealing a hypodermic needle on your body and intentionally or knowingly allowing a police officer to be penetrated by the needle
- Waving a screwdriver while approaching a person
- Negligently injuring someone else with a knife or firearm.
- Seizing a person and holding a knife or other sharp object to their neck.
A misdemeanor Simple Assault conviction can result in a sentence of 1-2 years of imprisonment. Additionally, in Pennsylvania, certain misdemeanor convictions, including a conviction for Simple Assault – unless it was committed during a fight or mutual scuffle – will an impair an individual’s ability to purchase a firearm.
Aggravated Assault
Commonwealth v. Alexander, 346 A.2d 319 (Pa. Super. Ct. 1975), established a precedent for how courts interpret the charge of Aggravated Assault. The two critical elements defined in Alexander were a requirement that:
1.) Serious bodily injury occurred, and
2.) The defendant intended that result or acted so recklessly as to manifest an extreme indifference to the value of human life.
Depending on the facts and circumstances of the case, an aggravated assault conviction can lead a prison term as lengthy as 5-10 years, even for a first-time offense.
Defending Against Assault Charges
When crafting your defense, we start with a thorough case evaluation in which we scrutinize evidence, witness statements, and potential mitigating factors. We then proceed with strategic defense planning aimed at challenging the prosecution’s case by asserting an affirmative defense such as self-defense or lack of intent. Should there be overwhelming evidence for the prosecution’s case, we will seek to reduce the charges while exploring all alternative sentencing options available to the client.
When faced with assault charges, it is crucial to engage experienced representation as soon as possible. Klopp Law can effectively defend against assault charges by using our comprehensive legal knowledge and unique insights to build your best defense strategy. Schedule a confidential consultation to discuss your assault case with us today.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.