Upper Darby Attorney for Assault Charges

Most people have probably heard of the crime of assault, but not many fully understand what it is or how criminal charges may be assessed. Assault is not one crime but many crimes that involve threats, intimidation, and violence against another person. If you find yourself faced with assault charges, call an attorney now.

Assault may be broadly divided into two offenses: simple and aggravated assault. Simple assault is often charged as a misdemeanor and tends to involve less serious injuries. Aggravated assault is far more severe and often results in felony charges. How we fight your assault charges will depend on the circumstances surrounding your case. We might challenge certain aggravating factors, like the presence of weapons or the severity of the alleged victim’s injuries. We might instead try to negotiate a plea deal with prosecutors to reduce your charges and penalties.

Get started with a free case review from our attorneys for assault charges by calling the Liberty Law Team at (215) 826-3314.

Charges for Simple Assault

A common charge for assault is simple assault. While simple assault is not the most severe charge a person might face, it is still pretty serious and can lead to very unpleasant consequences.

According to 18 Pa.C.S. § 2701(a), simple assault occurs under various circumstances.

First, it may occur when a person attempts to or intentionally, recklessly, or knowingly causes bodily injury to another. Second, it can be charged if a person negligently causes bodily harm with a deadly weapon. Third, it may be charged if someone attempts to put another in fear of serious bodily harm by means of physical menace. Finally, it may occur when someone conceals or attempts to conceal a hypodermic needle and knowingly or intentionally penetrates a law enforcement or prison official.

Simple assault may be charged as a second-degree misdemeanor. However, if the assault stems from a mutually entered fight, the charges may be for third-degree misdemeanors. Alternatively, if the alleged victim is under 12 years old and the defendant is 18 or older, they may be charged with a first-degree misdemeanor.

Charges for Aggravated Assault

Aggravated assault is a far more severe offense. In fact, it may be one of the most serious offenses a person can be charged with, depending on the circumstances. Many defendants charged with aggravated assault face years in prison.

Aggravated assault is outlined under 18 Pa.C.S. § 2702(a). This offense may be charged under a wide variety of circumstances, and it would be impossible to accurately list them all here. However, many of the circumstances required for aggravated assault tend to involve more serious injuries, dangerous weapons, or assault against certain people, like police officers or emergency medical personnel.

The grading of aggravated assault charges varies based on the specific circumstances. Under the law, you might be charged with a second- or first-degree felony.

Possible Penalties for Assault Charges in Upper Darby

The penalties for simple and aggravated assault will depend on your unique situation and how you are charged.

Simple assault is often charged as a misdemeanor. According to 18 Pa.C.S. § 1104, a third-degree misdemeanor may be punished with up to 1 year in jail. A second-degree misdemeanor may lead to up to 2 years in jail. Finally, a first-degree misdemeanor may be penalized with up to 5 years in jail.

Aggravated assault is a more severe offense and often leads to extremely harsh felony charges. As mentioned, you might face first- or second-degree felonies. A Second-degree felony, as defined in § 1103, may be penalized with up to 10 years in prison. A first-degree felony may lead to up to 20 years in prison.

How to Fight Assault Charges in Upper Darby

Fighting assault charges might not be easy, but that is why you hire a lawyer.

One possibility is that you are not the person who committed the assault. Some assaults happen quickly, and the victim might not get a good look at the assailant. You might coincidentally match the description provided by the victim and end up arrested and charged. If you can provide an alibi, our attorneys for assault charges might get the charges dropped.

We might not be able to challenge the allegations of the assault, but we might be able to challenge the severity of the victim’s injuries. Maybe they are exaggerating their injuries to get you in more trouble. We can request copies of medical records and examine things like security camera footage or witness statements to prove their injuries are minor at best. This can help you significantly if you are convicted and face sentencing.

How a Plea Deal Might Work in Assault Cases

Another possibility is to negotiate a plea deal with the prosecutor in charge of your case. This might be a good idea if we cannot overcome the evidence against you, but the prosecutor is willing to show leniency in exchange for a guilty plea.

We might be able to plead charges for aggravated assault down to simple assault. In that case, you would plead guilty to misdemeanor charges instead of risking the full penalties of felony charges in a trial. A good plea deal like this might be more likely if this is your first offense and there are few aggravating factors.

When to Hire an Attorney for Assault Charges

People tend to resist the idea of hiring a lawyer to help them, often because they are afraid of incurring expensive legal fees. While legal fees are something you may have to face, having an attorney by your side is priceless.

If you have been arrested for assault, you should call a lawyer immediately. Even if you have not been arrested but believe an arrest is imminent, call a lawyer. They may be in a better position to help you when the police take you into custody, and they may be more familiar with the case when they come to the police station.

Call Our Upper Darby Lawyers for Assault Charges Now

Get started with a free case review from our attorneys for assault charges by calling the Liberty Law Team at (215) 826-3314.