Philadelphia Assault Defense Lawyer

Simple assault is a serious criminal charge in Philadelphia. If you or one of your family members was arrested for assault in Philadelphia or the Philadelphia area, you need an experienced, trial-tested attorney on your side in court. At the Law Offices of Lonny Fish, we dedicate our law firm’s resources to ensuring your case receives the robust defense it deserves from day one. We can work to have you charged with a lesser offense, to reduce the penalties you face, or even to have your case dismissed altogether.

Making Sure Your Rights are Protected

Being arrested for assault can be a frightening experience. If you are facing criminal charges for assault, it is important to have an experienced assault lawyer on your side. At Liberty Law Team, we understand the seriousness of assault charges and are dedicated to providing our clients with the best possible defense.

Assault is a serious crime that can result in jail time and heavy fines. In Pennsylvania, the penalties for assault can include up to 5 years in prison and a $10,000 fine. It is important to have an attorney who understands the law and can aggressively advocate for your rights.

There are few things in this world as important as our rights. We often take them for granted, but the reality is that they are what protect us from the abuses of those in power. That’s why it’s so important to have a strong legal team behind you when you need it most.

The team at Liberty Law Firm is dedicated to protecting your rights and ensuring that you get a fair trial. We have years of experience defending clients against all sorts of assault charges, and we’re not afraid to go up against the government in court. We know what it takes to win, and we’re ready to fight for you. Don’t let yourself be bullied by the system. Contact Liberty Law Firm today at (215) 732-3474 and let us help you stand up for your rights.

What is Considered Assault in Pennsylvania?

The crime of assault can be broken down into two categories: simple assault and aggravated assault.

Simple assault is defined as an attempt to cause bodily injury to another person or the intentional causation of bodily injury to another person. Aggravated assault is more serious and is defined as an attempt to cause serious bodily injury to another person or the intentional causation of serious bodily injury to another person.

In Pennsylvania, there are also three different degrees of assault. First-degree assault is a felony charge and is considered the most serious. It is defined as attempted murder or the intentional causation of serious bodily injury through the use of a deadly weapon. Second-degree assault is also a felony charge and is defined as attempted murder or the intentional causation of serious bodily injury. Third-degree assault is the least serious and is considered a misdemeanor charge. It is defined as the intentional causation of bodily injury.

When you are arrested for assault, you may feel a range of emotions, from fear to anger. It is important to stay calm and focused, especially if you are facing criminal charges.

The team at Liberty Law Firm is dedicated to protecting your rights and ensuring that you get a fair trial. We have years of experience defending clients against all sorts of assault charges, and we’re not afraid to go up against the government in court. We know what it takes to win, and we’re ready to fight for you. Don’t let yourself be bullied by the system.

Is Simple Assault in Philadelphia a Felony or Misdemeanor?

Pennsylvania divides most criminal offenses into two categories: lesser offenses called “misdemeanors,” and serious crimes called “felonies.” Simple assault is graded, or categorized, as a misdemeanor offense. Misdemeanors have shorter maximum sentences and lower maximum fines than felonies. For this reason, some defendants assume it is not important or not necessary to hire an experienced Philadelphia simple assault defense lawyer. This is a serious mistake.

Simple assault charges demand urgent attention from a skilled Philadelphia simple assault defense attorney, because misdemeanor convictions can result in extremely expensive fines, months or years of imprisonment, loss of your driver’s license, supervised probation, and other consequences that can hurt your career and your personal relationships. Being convicted of a misdemeanor will also give you a criminal record, which can come back to haunt you when you are searching for jobs, applying for academic or volunteer programs, or trying to earn professional licenses.

Simple assault may not be a felony, but an assault charge can still have disastrous consequences for all aspects of your life. You need to make sure that your rights and your reputation will be vigorously protected by a Philadelphia simple assault lawyer with a track record of courtroom successes. Contact the Law Offices of Lonny Fish as soon as possible if you or a loved one has been arrested and charged, or is under investigation for a suspected violent crime.

Other than minor offenses known as “summary offenses,” there are six basic types of crimes in the state of Pennsylvania:

1. Misdemeanor Crimes
   1. Third Degree Misdemeanors
   2. Second Degree Misdemeanors
   3. First Degree Misdemeanors
2. Felony Crimes
   1. Third Degree Felonies
   2. Second Degree Felonies
   3. First Degree Felonies

The lower the “degree” numbering, the more serious the offense. For instance, a first degree misdemeanor is more severe, and can result in harsher penalties, than a third degree misdemeanor.

A simple assault charge in Philadelphia is typically a second degree misdemeanor. However, there are some exceptions. Simple assault is a third degree misdemeanor if the fight was “entered into by mutual consent,” such as two people agreeing to fight at a designated time and place. (18 Pa. Cons. Stat. § 2701(b)(1)). Simple assault is a first degree misdemeanor if (1) the defendant was at least 18 years old, and (2) the victim was a child under 12 at the time of the alleged offense. (18 Pa. Cons. Stat. § 2701(b)(2)).

The Difference Between Simple and Aggravated Assault?

Simple assault is categorized as a misdemeanor in Pennsylvania. However, state law also recognizes another, more serious type of assault, known as “aggravated assault,” which is a felony offense. Though both crimes can lead to harsh penalties, a defendant who has been charged with aggravated assault faces tougher legal consequences than a defendant charged with simple assault.

The difference between simple assault and aggravated assault lies in how each crime is defined. Under 18 Pa. Cons. Stat. § 2701(a), a person is charged with simple assault if he or he:

• Intentionally, knowingly, or recklessly injures, or attempts to injure, another person. Acting “recklessly” means acting with disregard for a serious hazard.
• Negligently injures another person with a deadly weapon, such as a gun. Acting “negligently” means acting with carelessness, as opposed to acting intentionally, knowingly, or recklessly.
• Uses physical menace in an attempt to place another person in fear of imminent, serious injury.

The state’s legal definition of aggravated assault is different. There are numerous reasons a person can be charged with aggravated assault, but one of the major distinctions is the infliction, or attempted of infliction, of “bodily injury” (simple assault) versus “serious bodily injury” (aggravated assault). “Bodily injury” broadly means “impairment of physical condition or substantial pain,” whereas “serious bodily injury” is defined, under 18 Pa. Cons. Stat. § 2301, as an injury that:

• Creates a major risk of dying.
• Results in “serious, permanent disfigurement.”
• Results in extended “loss or impairment of the function of any [body part] or organ.”

The prosecutor has the responsibility of proving, beyond a reasonable doubt, that the defendant’s actions and resulting consequences fit the definition of the crime being alleged. Our Philadelphia simple assault lawyers can examine the evidence against the defendant, the defendant’s intent or state of mind, findings of probable cause, the procedures that were followed when the defendant was being arrested, interrogated, or searched, whether the defendant acted in self-defense, the nature of the victim’s alleged injuries, and other factors to provide a robust, multi-pronged defense strategy tailored to the case.

What Defense Can an Assault Lawyer Use for My Assault Case?

If you have been accused of assault, you might be wondering what kind of defenses your assault lawyer can use to help you. Every case is different, so it is important to discuss the specifics of your case with your attorney. However, there are some general defenses that are commonly used in assault cases.

One common defense is self-defense. If you were acting in self-defense when the alleged assault occurred, your lawyer may be able to use this as a defense. To successfully use self-defense, you will need to show that you reasonably believed that you were in danger of being harmed and that the force you used was necessary to protect yourself from harm.

Another common defense is accidental causation. If the alleged assault was an accident and not done on purpose, your lawyer may be able to use this as a defense. To successfully use an accident as a defense, you will need to show that you did not intend to cause harm and that the force you used was not excessive.

If you have been accused of assault, it is important to discuss your case with an experienced assault lawyer. An experienced lawyer will be familiar with the defenses that can be used in your specific case and will help you protect your rights.

If you have been accused of assault, it is important to realize that you have rights. You should not assume that you will be found guilty just because you have been accused. An experienced assault lawyer in Philadelphia, PA can help you to understand your rights and to ensure that they are protected.

Will My Assault Case Go to Trial?

If you are charged with assault, the first question on your mind is probably whether your case will go to trial. The answer to this question depends on a number of factors, including the severity of the charge, the strength of the evidence against you, and whether you have a previous criminal record. If you face felony assault charges, you may be quite anxious. Philadelphian criminal defense lawyers understand how to approach these scenarios.

In some cases, assault lawyers will try to resolve through plea bargains. In a plea bargain, the defendant pleads guilty to a lesser charge in exchange for a lighter sentence. For example, someone who is charged with aggravated assault charges may be able to plead guilty to simple assault and receive a shorter prison sentence. If the charge is felony aggravated assault, then the likelihood of a trial is much higher. Felony assault charges will be pursued at a higher rate because of the victim’s chance of damages recompensation.

The decision of whether to go to trial or accept a plea bargain is one that should be made with the help of an experienced criminal defense attorney. Criminal defense attorneys will be able to evaluate the evidence against you and give you an honest assessment of your chances of winning at trial.

If you do go to trial, it is important to remember that you are presumed innocent until proven guilty beyond a reasonable doubt. This is a high standard of proof, and it means that the prosecution must prove that there is no other explanation for the victim’s injuries other than that you inflicted them.

Assault cases often turn on eyewitness testimony. If there are no witnesses to the alleged assault, it may be more difficult for the prosecution to prove their case. However, even if there are witnesses, their testimony may not be enough to convict you if there is reasonable doubt about what they saw.

In some cases, the victim of the alleged assault may not want to testify. This may be because the victim is afraid of retaliation or because the victim feels that testifying will be too emotionally difficult. If the victim does not want to testify, the prosecution may still be able to prove its case with other evidence, such as medical records or security camera footage.

What are the Consequences of an Assault Conviction Conviction in Philadelphia?

If you are convicted of assault, you could be facing a range of penalties. The specific penalties will depend on the facts of your case and the severity of the charge. For a first-degree assault conviction, you could be facing up to 20 years in prison. For a second-degree assault conviction, you could be facing up to 10 years in prison. For a third-degree assault conviction, you could be facing up to 5 years in prison.

In addition to jail time, you may also be required to pay fines and restitution. You may also be required to complete a period of probation or parole. If you are convicted of aggravated assault, you may also be required to register as a violent offender.

Assault is classified as a misdemeanor of the first degree if the victim suffers bodily injury, such as a black eye, bruises, or a cut. If you are convicted of this offense, you could face up to five years in prison and a $10,000 fine.

If you cause serious bodily injury to the victim, such as a broken bone or a concussion, you will be charged with aggravated assault, which is a felony of the second degree. The maximum sentence for this offense is ten years in prison and a $25,000 fine

There are many reasons why assault is looked down on by society. One reason is that it can be very harmful to the victim. Assault can result in physical injuries, and it can also cause psychological harm. Another reason is that assault is a crime of violence. It can be very disruptive and dangerous to society as a whole when people start assaulting one another. If you are convicted of assaulting someone in Philadelphia, the penalties can be severe. You may be fined, jailed, and placed on probation.

Get Legal Help from a Philadelphia Simple Assault Defense Lawyer Today

The charges against you are serious. You need an assault attorney who will be equally serious about your defense. At the Law Office of Lonny Fish, our renowned legal team brings more than a decade of experience to every assault case, and will be there to answer your questions, handle your documentation, guide you through the legal system, prepare you for court hearings, challenge the prosecutor’s case, and work strategically for a better outcome.

Don’t wait to get the legal help you need when your very freedom hangs in the balance. Contact our Philadelphia criminal defense lawyer at the Law Offices of Lonny Fish today at (215) 826-3314 for a free and confidential consultation concerning assault charges in Philadelphia or the surrounding area.