One of the most common scenarios of domestic violence is what happens right in front of the officer. Generally, police make a snap judgment in the situation of domestic violence. Police might not have the knowledge about what has transpired before the event. In fact, you can face domestic violence charges if someone misinterprets the situation they get to see.
Domestic assault charges fall under the domestic violence charges. This is a crime where the family members will be affected. It can be the current or the former spouse, current or former romantic partner, the person with whom the defendant shares a child, or household members according to Pennsylvania law. If and when the defendant commits a crime against people of these categories, they will be charged with domestic violence. If you have been charged with domestic assault, then you are probably feeling confused. In this situation, you need to talk to an experienced Pittsburgh domestic violence lawyer. Come to Logue Law Group. We have helped many clients regarding such cases. We can help you too.Domestic Assault Vs. Simple Assault
In Pennsylvania, assault charges are defined by 18 Pa C.S.A. § 2701. The defendant commits assault when they:
- Cause harm knowingly, intentionally and recklessly where the victim gets injured.
- Negligence causing bodily injury to another person involving a deadly weapon.
- Threatening about seemingly imminent bodily injury and physical menace.
Domestic assault is a case of simple assault that is involved with domestic violence scenario. When the police are called in a domestic violence situation, they can arrest the defendant with greater authority. The defendant can get arrested in the following incidents:
- At the scene, a person is injured
- When the PFA order is violated
- The police have reasonable suspicion for domestic violence
Simple assault is classified as second degree misdemeanor. This becomes first degree misdemeanor when the victim is under the age of 12 years and the assaulter is someone adult, over 18 years. This becomes a third degree misdemeanor if both parties are involved in the scuffle.
While first degree misdemeanor will result in five years of jail time and up to $10,000 fine, second degree misdemeanor means that you will get 2 years of jail time and up to $5000 fine. For a third degree misdemeanor, the punishment will be one year of jail time and fine up to $2000.
The penalties in domestic license can increase. After the arrest, the police might confiscate the firearms, ammunition and the weapons from the defendant in the premises of the incident. Other areas of law like family law are involved with the domestic violence cases. This might affect the custody and divorce cases too.Example of Domestic Assault
There are many examples of domestic assault. The following cases might be included too:
- Creating physical menace or threatening of lunging at a person, destroying evidence or anything similar will be considered as domestic assault.
- If the defendant attacks the current or former partner or spouse, or child or any member of the household, this will be a case of domestic assault.
- Using deadly weapon on the household member or threatening with it is considered to be domestic assault.
Most of the time, domestic assault cases come down to the police report and the defendant’s words. The police generally survey the situation and then make a quick judgment. And that is why defending this charge can be tricky. With the help of our Pittsburgh domestic violence lawyer, you can get the best defense possible. Give us a call today for a free consultation.