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Can simple assault charges be dropped in PA?
No, a victim cannot drop charges in Pennsylvania. The state’s attorney makes the decision about whether to bring criminal charges. The victim doesn’t have the ability to decide to drop the charges.
What is the lowest penalty with simple assault charge in PA?
Penalties for Simple Assault
Simple assault is always charged as a misdemeanor in Pennsylvania, although there are varying degrees. A third-degree misdemeanor, the least serious of all simple assault charges, carries a penalty of up to one year in jail and a $2,500 fine.
Can you get probation for simple assault in Pennsylvania?
Simple assault carries a maximum penalty of two years incarceration. Typically, a simple assault conviction will result in a sentence of two years probation unless any aggravating circumstances are present or the defendant has a lengthy criminal record.
Can simple assault be expunged in PA?
Simple assault in Pennsylvania is a misdemeanor, whether first, second, or third-degree, and you can’t expunge these convictions.
Can police drop assault charges?
While it is possible to have assault charges dropped in certain circumstances, this decision is ultimately up to the crown prosecutor in your jurisdiction, not the alleged victim. But short of having charges dropped, there are other ways to avoid a criminal record.
How can charges be dropped before court date?
- A victim chooses to drop the charges.
- Credible witnesses refute the original witness’ story.
- The defense weakened the prosecution’s case.
- Physical evidence is weak.
- New evidence shows the accused is innocent.
How much time do you get for simple assault in PA?
Most cases of simple assault are charged as a 2nd-degree misdemeanor, with penalties including 1 to 2 years in prison and a fine of up to $5,000.
Can you hit someone if they provoke you?
Can you hit someone if they provoke you? Just because someone insulted you or said something rude or mean doesn’t mean you have the right to hit them. However, if physical harm is imminent or they’ve already hit you once, you may have a legal right to self defence and can hit them back.
Who sets bail in PA?
What is Considered When a Bail Amount is Set? In most Pennsylvania felony cases, a Magisterial District Judge sets bail. When setting bail, the judge will consider the answers to these questions: 1.
Is a slap considered assault?
Slapping someone involves the physical contact of hitting your hand across another person’s face or other part of their body. The physical contact itself makes the act assault, but it would most certainly be considered assault if there was force in the slap.
What charges can be expunged in Pennsylvania?
The expanded list of offenses that are now eligible to be expunged includes substance-related offenses such as DUI’s and controlled substance and drug paraphernalia possession, as well as 2nd-degree misdemeanors such as larceny, identity theft, and reckless endangerment.
Is spitting on someone assault?
Spitting at someone is currently classed as common assault under the Summary Offences Act 1981, with a maximum sentence meaning either a $4000 fine or a six-month prison term. Recently a number of police officers and a public transport worker have been spat at while being threatened with being infected by COVID-19.
Do misdemeanors go away in PA?
Misdemeanors do not go away in Pennsylvania, but some state laws make it possible for those convicted of certain types of misdemeanors to expunge or seal their records.
What crimes Cannot be expunged in PA?
Crimes Ineligible for Expungement
Assault, kidnapping, sexual offenses, and crimes involving minors typically have longer sentences and are ineligible for expungement, according to Act 56 – PA General Assembly. Even if you have a conviction that is eligible for expungement, your personal history can disqualify it.
How do you get a pardon in PA?
You will need to file a petition and attach the signed pardon document from the Governor. A judge will then order that the record be expunged, and within two to six months, all records of the crime for which you received a pardon will be erased by both the court and the Pennsylvania State Police.
Can I drop charges against someone?
First, it’s important to understand that criminal charges are not filed in court by “victims.” The government files criminal cases, including assault or domestic violence charges. Second, a person cannot drop a criminal court case against someone.
Can charges be dropped at a preliminary hearing?
If there’s no other credible evidence to show that the defendant committed the crime in question, the whole case against the defendant might unravel, and the judge may readily agree to dismiss the charges (or reduce them to a charge that doesn’t require the eyewitness testimony).
Is assault a felony in Pennsylvania?
In Pennsylvania, assault is a crime that can be a misdemeanor or a felony. A person commits an assault when he inflicts (or attempts to inflict) a physical injury on another person.
What are harassment charges pa?
If you’re charged with summary harassment, you face a maximum sentence of 90 days in jail. You may also be fined up to $300. Harassment can also be charged as a misdemeanor of the third degree.
Can a Victim Drop Charges in Pennsylvania? | Applebaum & Associates
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Understanding Simple Assault In Pennsylvania
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Lessening the Penalties for Simple Assault
Pottstown, PA Assault Charges Attorney | David J. Cohen Law Firm, LLC
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When Does Simple Assault Become Aggravated Assault
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Simple Assault Defense
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Can a Victim Drop Charges in Pennsylvania?
Many types of crimes have victims. Whether the charge is larceny, assault and battery or domestic violence, many crimes have individual victims. The victim is a critical and central part of any criminal charge in Pennsylvania. They’re often the key witness in the case. Can a victim drop criminal charges in Pennsylvania? Our criminal defense attorneys explain.
No, a victim cannot drop charges in Pennsylvania. The state’s attorney makes the decision about whether to bring criminal charges. The victim doesn’t have the ability to decide to drop the charges. Instead, only the state attorney, also called a prosecutor or district attorney, makes the decision about whether to press criminal charges. In order to have the case dismissed, the state attorney must move the court for a dismissal of the case. The victim themselves cannot drop the charges in Pennsylvania.
Dropping charges for domestic violence
Dropping charges for domestic violence isn’t as simple as making a phone call to the district attorney. The district attorney has independent discretion about whether to bring criminal charges. The victim is a witness in the case. They may be the one who makes the complaint, and they may also provide critical testimony to the case. However, it’s not up to the victim about whether to proceed with the charges. The state attorney makes the decision to continue with the charges or dismiss them.
Who brings domestic violence charges?
A domestic violence charge typically begins when someone calls the police. Of course, the police can happen upon the scene on their own. However, especially for domestic violence cases, most cases begin when someone makes a report to law enforcement. The police respond to the scene and investigate.
Pennsylvania domestic violence laws allow the police to make an arrest on the scene. They don’t have to witness the domestic violence occur. However, they need to have at least some corroborating evidence of the assault and the truth of the allegations. If the police believe domestic violence occurred, they have the legal authority to make an arrest. The victim doesn’t decide whether or not the defendant gets arrested.
From there, the case goes to the district attorney. Even after an arrest, the district attorney can decide not to press charges. In that situation, the defendant is simply released. While the district attorney can seek input from the victim about their wishes for charges, ultimately, the attorney for the state makes the final decision.
How our criminal defense attorneys can help
A person who is facing domestic violence charges has the right to present a defense. They have the right to representation of a criminal defense attorney. A criminal defense attorney can help you appropriately question the victim and challenge the charges. There are many defenses for domestic violence charges, and your legal team can help you assert the best defenses as appropriate.
If you’re facing criminal charges, you have rights. Call us today for a free consultation. Your call is confidential. Let’s fight together for your rights. Call today.
Delaware County Crime Lawyer Jason R. Antoine
One of the most common criminal charges I see in my practice is simple assault. The definition of simple assault can be found in the Pennsylvania Crimes Code at 18 Pa.C.S.§ 2701. Simple assault is graded as a misdemeanor of the second degree (M-2). If Simple assault is the result of a mutual fight, it is downgraded to a misdemeanor of the third degree (M-3). Simple assault carries a maximum penalty of two years incarceration. Typically, a simple assault conviction will result in a sentence of two years probation unless any aggravating circumstances are present or the defendant has a lengthy criminal record.
My practice sees a lot of Simple Assault cases in domestic situations. Typically, an argument ensues between husband and wife, the situation becomes physical, police show up and the husband is then charged with simple assault. Simple assault is also charged in situations where a fight occurs between two individuals. In order to be convicted of a Simple assault the Commonwealth must prove beyond a reasonable doubt that you “attempt to cause or intentionally, knowingly or recklessly cause bodily injury to another….” Bodily injury is defined as “impairment of physical condition or substantial pain.” The definition of bodily injury can be found in Pennsylvania Crimes Code at 18 Pa.C.S. §2301. When you are charged with simple assault nine times out of ten the police will also tack on the summary charge of Harassment. This gives police a fallback if you are found not guilty of the simple assault.
Simple assault is the lesser included offense of Aggravated assault. Harassment is the lesser included offense of Simple assault.
How to Beat a Simple Assault Charge
Some counties like Delaware County and Philadelphia have pre-trial diversionary programs designed to curb domestic violence. For instance, in Delaware County the district judge may continue the case and allow you to attend anger management classes in exchange for dismissing the simple assault charge or pleading guilty to summary disorderly conduct. In Philadelphia Municipal Court you have the opportunity to enter the “Do-it program.” The “Do-it program” allows you to 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. I highly recommend these diversionary programs because if you are convicted of a simple assault charge it will remain on your record for most of your life. If you enter one of these programs you will eligible to have the charges expunged and will have a clean criminal record. In the event you are convicted of a summary offense you may have your record expunged in five years so long as you are arrest free. Unfortunately, some counties (i.e.- Chester) deny defendants the ARD program in domestic simple assault cases and will give out anger management dispositions at district court in rare instances. This means you need an attorney that is prepared to take the case to trial. Your criminal record and reputation is on the line.
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. Domestic cases are usually “he said, she said” situations which makes it hard for the Commonwealth to sustain their burden of “beyond a reasonable doubt” at trial. Juries usually feel hesitant to convict and ruin your reputation 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 and your reputation can be saved!
Facing Simple Assault Charges in PA? Criminal Attorney Tibbott can Help
Simple Assault Charges in PA
Under Pennsylvania criminal code, simple assault is defined as attempting to cause or causing bodily injury to another; or when, through negligence, a person causes bodily harm to another with a deadly weapon. Simple assault can also be charged when a person attempts by physical menace and intimidation to put another in fear of serious bodily injury.
Misdemeanor Simple Assault
Most simple assaults are classified as a second degree misdemeanor in Pennsylvania. An M2 for simple assault is punishable by up to 2 years in prison. In cases where the simple assault results from a mutual fight, it will be a third degree misdemeanor –or M3, punishable by up to one year in prison.
If the assault is on a minor under the age of 12, and the perpetrator is 18 years or older, then it will be graded as a first degree misdemeanor. This can be punishable by up to 5 years.
A misdemeanor assault conviction will stay on your criminal record forever. It cannot be expunged until you reach the age of 70, or you apply for and receive a Governor’s Pardon.
Lessening the Penalties for Simple Assault
Prison is the harshest penalty for all crimes. Freedom is taken from those convicted, and the ability to pursue ambitions and enjoy life will largely dissipate.
Your chances for staying out of prison increase greatly by hiring a qualified criminal defense attorney who will represent you in court and work relentlessly to protect your freedom. There are defenses to simple assault that have proven successful, such as:
Lack of intent
No bodily injury
Provocation
Self-defense
Age
Involuntary intoxication
Insanity
You may be able to plead no-contest and enter into an accelerated rehabilitative disposition, or ARD program which will effectively dismiss all charges once you successfully complete the program and pay all costs and fines. ARD is at the Court’s discretion Judges are most willing to allow it when: 1) You have had no priors; and 2) You have not entered an ARD in the past.
If you or a loved one is facing a simple assault charge, call us now for a free and confidential consultation. We are experienced in defending assault charges and work hard to get the best results for clients in Cambria and Allegheny County. For a free initial evaluation of your case, call us today. If after hours, leave your contact information and we will call you back promptly.
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