Assault is a somewhat common criminal offense, and most people probably know a bit about it. However, assault is a more complex charge than many people realize. While simple assault is a less severe misdemeanor offense, aggravated assault may be a serious felony. Either way, call a lawyer for help now.
Simple assault tends to involve less severe injuries and often comes up in cases involving relatively minor scuffles. Aggravated assault often involves more severe injuries, weapons, or harm against specific groups of people. How we fight the charges depends on your specific charges and the facts of the case. Some defendants argue over their alleged intent, while others might admit to the assault but claim self-defense.
Request a free, private case assessment from our assault defense lawyers when you call the Liberty Law Team at (215) 709-7431.
Understanding Charges for Simple Assault
Simple assault is a somewhat common charge that may apply when the defendant…
- Intentionally, knowingly, or recklessly causing or attempting to cause bodily injury to another,
- Negligently causing bodily injury to someone else using a deadly weapon,
- Attempting by physical menace to place another person in fear of serious imminent bodily injury, or
- Concealing or attempting to conceal a hypodermic needle on their person and knowingly or intentionally penetrating a law enforcement officer or an employee of a prison, jail, detention facility, or mental hospital.
Simple assault is usually charged as a second-degree misdemeanor. However, if the alleged victim is under 12 and the defendant is at least 18, they may be charged with a first-degree misdemeanor. Still, if the assault is the result of a mutually entered fight, you may be charged with a third-degree misdemeanor.
Understanding Charges for Aggravated Assault
Aggravated assault is somewhat similar to simple assault, but the conditions and injuries are usually more severe. You may be charged if you are accused of intentionally, knowingly, or recklessly causing or attempting to cause serious bodily injury under circumstances that demonstrate an extreme indifference to human life.
You may also be charged for assaulting specific groups of people the law seeks to protect, such as on-duty law enforcement officials, firefighters, healthcare providers, teachers, and others.
Aggravated assault may be charged as either a first- or second-degree felony, depending on the facts of the case.
What Should You Do if You Are Arrested for Assault in Bristol, PA?
What you do during and shortly after arrest may have a significant impact on your case. Take the following steps to protect yourself.
Avoid Answering Questions from the Police
Before asking you questions about the alleged crime, the police are required to read you your Miranda rights, which include your rights to remain silent and to have a lawyer present.
Invoke these rights immediately. Do not answer any questions about the alleged offense. Anything you say to the police can be used against you.
Also, do not volunteer any information beyond basic details needed to identify yourself. You might be tempted to explain the situation as the police place you in cuffs or the back of a police car, but this is not a good idea. Remain silent.
Contact an Attorney Immediately
Invoke your right to a lawyer directly and clearly. You might have to wait a bit longer in custody, but your lawyer can help protect you from law enforcement.
Work on Securing Bail
Your lawyer should begin working on securing bail almost immediately. Generally, most defendants are granted bail, although specific bail conditions may vary.
Pennsylvania also generally disfavors cash bail. Judges usually impose cash bail when no other conditions are sufficient to ensure the defendant’s compliance.
Claiming Self-Defense in an Assault Case
A self-defense argument may negate criminal responsibility. Once our assault defense attorneys raise the defense and present evidence, the prosecutor must prove that the defendant did not act in self-defense.
The Defendant’s Beliefs
A critical element of self-defense claims is that the defendant must genuinely believe that they must use force to protect themselves from imminent harm. Whether the alleged victim actually posed a threat to the defendant is not the key issue. The defendant must reasonably believe that they are protecting themselves from imminent harm.
Proportion of Force
Another key element of self-defense is that the harm you cause by acting in self-defense must not be greater than the harm the law seeks to prevent. Put another way, your actions must be proportional to the force you believe is being used or will be used against you. You cannot use deadly force to defend against non-deadly force.
Choice of Evils
If the defendant, through their own recklessness or negligence, creates a situation where they must choose between evils or harms, self-defense does not justify offenses where negligence or recklessness is required to establish culpability. In short, if you are charged with assault where the required intent is either recklessness or negligence, you may not claim self-defense if you caused the situation that required you to defend yourself.
Arguing a Lack of Intent in an Assault Case
Many charges require that defendants act intentionally or knowingly. If you did not mean to cause harm or did not know your actions could cause harm, we may have a strong argument to reduce or drop the charges.
Alternatively, you might have acted with a lesser form of intent. For example, you might be charged with aggravated assault for allegedly intentionally causing bodily injuries with a deadly weapon. However, if we can prove that your negligence, not intentional action, caused the injuries, we can argue that you should instead be charged with simple assault, which carries much more lenient penalties.
Should You Accept a Plea Deal for Assault Charges?
Prosecutors may be willing to reduce your charges or drop some charges in exchange for a guilty plea. Some defendants can avoid aggravated assault charges by pleading guilty to simple assault and facing much less harsh penalties.
Always review plea offers with your lawyer. If your lawyer believes you have a strong chance of beating your charges in a trial, it might not be a good idea to accept a plea deal.
Emphasizing Mitigating Factors in Assault Cases
A key part of many defense strategies is to highlight mitigating factors that paint the defendant in a better light or provide more context for their actions. Mitigating factors may include, but are not limited to…
- Minor injuries
- Lack of a weapon
- Provocation
- The defendant’s mental health
- The defendant’s cooperation with the authorities
- The defendant’s remorse
What Do Prosecutors Have to Prove to Secure an Assault Conviction?
Prosecutors must prove all charges “beyond a reasonable doubt.” This is a high burden of proof and not easy to meet. If we believe prosecutors clearly lack sufficient evidence, we can file a motion to dismiss the case for lack of evidence. Even if the motion is denied, we may still have a strong chance of beating the charges at trial.
Ask Our Assault Defense Lawyers in Bristol, PA for Legal Help
Request a free, private case assessment from our assault defense lawyers when you call the Liberty Law Team at (215) 709-7431.
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