WITH US
Simple Assault
When it comes to simple assault, the penalties can be severe, including heavy fines and possible jail time. Therefore, it’s essential to dedicate your time and resources to building a strong defense against the charges.
Things to Know About Simple Assault
Understanding the Classification
Simple assault is classified as a misdemeanor to protect individuals from physical attacks. It specifically pertains to offenses against people rather than property.
Elements of Simple Assault
You can be charged with simple assault if you intentionally, knowingly, or recklessly cause harm to someone else. For instance, engaging in a physical fight and hitting someone during an argument qualifies as simple assault.
Expanded Boundaries
Even if no injury occurs, any action intended to cause harm can lead to a simple assault charge. For example, attempting to stab someone with a knife—even if unsuccessful—is considered simple assault.
Negligence with Deadly Weapons
Acts of negligence involving a deadly weapon that result in injury to another individual also fall under simple assault.
Threats and Intimidation
Threatening behavior or actions that imply the intent to harm someone can also constitute simple assault.
Concealed Needle Incidents
Hiding or deliberately using a hypodermic needle to harm an arresting officer, detention worker, or hospital staff may result in a simple assault charge.
It’s crucial to note that being charged with simple assault doesn’t always mean an injury occurred. Sometimes, individuals might face alternative charges like menacing. Additionally, false accusations driven by personal grudges may not hold up in court, but they still necessitate addressing the charges and the arrest record.
Understanding simple assault charges allows you to better prepare for the legal process and pursue a favorable outcome for your particular case.
What Are Misdemeanor Degrees and What Do They Mean?
Understanding Misdemeanor Degrees
Misdemeanor degrees determine the severity of penalties for a given offense, especially with simple assault cases. Different degrees carry varying consequences.
For example:
- If you are over 21 years old and the alleged victim is under 12, the charge may escalate to a first-degree misdemeanor.
- For situations involving consensual fights, the offense may be categorized as a third-degree misdemeanor.
Penalties for these offenses in Pennsylvania, particularly in New Castle, range from one to five years of imprisonment, depending on the degree of the misdemeanor. That’s why you need to seek help from a New Castle DUI attorney for the best assistance.
What Should I Do If I Am Charged With Simple Assault?
If you’re facing a simple assault charge, consulting with an experienced New Castle criminal lawyer is critical. Sharing every detail of the incident ensures that your lawyer conducts a thorough analysis of your case. Their evaluation will typically include the following factors:
- Intent: Determining if the action was intentional, reckless, accidental, or knowingly harmful.
- Evidence: Analyzing evidence to establish (or refute) intent, recklessness, or knowledge of harm.
- Impact: Assessing the level of injuries sustained by the alleged victim.
Self-Defense as a Legal Argument
Pennsylvania law includes a provision for self-defense. If the weapon you used was not significantly more severe than the one used against you, self-defense may be a viable argument. For instance, defending yourself with a knife when someone is attempting physical harm with their hands could be viewed differently under the law.
When working with your New Castle DUI attorney, ensure complete transparency about the incident. Providing critical details and witnesses can improve your defense strategy.
Collecting Evidence
Your New Castle criminal lawyer will request specific evidence to support your case:
- Witness List: Document anyone who was present during the incident.
- Crime Scene Survey: Important details or footage from the area can significantly strengthen your case, especially if surveillance cameras were operating at the time.
Thoroughly gathering and sharing these details with your lawyer will help you approach your case confidently.
How Can a Lawyer Help Me?
Before attending your initial hearing, it’s vital to have competent and dedicated New Castle DUI attorneys advocating for you. Your lawyer will help you decide the best course of action for your situation, working diligently to defend your interests and establish your innocence.
If you’ve been charged with simple assault, don’t wait. Reach out to the knowledgeable New Castle criminal lawyer at Logue Law Group by calling 844.PITT.DUI or contact us online.
Want to Learn More About Simple Assault in Pennsylvania?
Interested in learning more about how Pennsylvania law defines simple assault? Explore the Pennsylvania Criminal Code under Title 18, Chapter 27 for a complete description of the offense. Hence, if you are charged for committing such felonies, make sure to have a New Castle DUI attorney by your side for a strong defense.