Philadelphia assault charges range in scope and severity, as do the range of potential consequences. Understanding the difference between simple and aggravated assault is essential for choosing the right defense. The team of criminal defense lawyers at Pagano Law can defend you against misdemeanor and felony assault charges alike.
What Actions Can Lead to Philadelphia Assault Charges?
Primarily, Pennsylvania (and Philadelphia) law defines assault as any attempt to cause another person any kind of bodily injury. However, assault charges can also be brought upon anyone who uses physical intimidation to cause another person to fear that bodily injury is imminent. Often, this type of charge can be difficult for the state to prosecute, particularly when there is no real evidence and no witnesses.
Different Types of Assault Charges in Philadelphia
While the definition of assault seems simple enough, there are two very different types of Philadelphia assault charges.
Simple Assault
Simple assault is the act of knowingly, intentionally, or recklessly causing or attempting to cause bodily harm to another person. It is a misdemeanor across the state of Pennsylvania, though there are different degrees of simple assault to consider. Typically, simple assault is a second-degree misdemeanor. However, if the other individual willingly entered into the fight, the charges are often reduced to a third-degree misdemeanor. The only exception to this arises when the assault is committed against a child under 12 by someone over the age of 18; in this case, the state brings first-degree misdemeanor charges.
Because simple assault tends to result in only minor injuries, the penalties are lesser than those associated with other, more violent crimes. First-degree misdemeanor convictions are punishable by up to five years in prison and a $10,000 fine. Second-degree misdemeanor assault convictions are punishable by up to two years in jail and a $5,000 fine. Finally, third-degree misdemeanor simple assault convictions can be punished by up to one year in jail and a $2,500 fine.
Aggravated Assault
Whereas simple Philadelphia assault charges are typically misdemeanors, aggravated assault charges are much more serious. The law defines aggravated assault as the intentional cause (or attempt to cause) serious bodily harm or injury, though it can also apply to those who use deadly weapons against others. Furthermore, aggravated assault may apply in otherwise simple assault cases committed against police officers, public officials, and/or teachers.
Philadelphia considers aggravated assault a first-degree felony when it involves a weapon or when it results in serious physical harm. The possible repercussions include up to 20 years in prison and fines of up to $25,000. When there is no serious physical harm, the charge may be reduced to a second-degree felony, which carries a potential 10-year prison sentence and fines of up to $25,000.
Understanding Extreme Indifference Standards
In order to be convicted of a first-degree felony aggravated assault, the prosecution must prove that the accused acted with “extreme indifference” to the value of human life. In other words, the prosecution argues that even though the accused may not have had the intention to kill the victim, they still acted in a manner creating a grave risk of death during the assault. This can be extremely difficult to prove, however – especially when the accused retains an experienced criminal defense attorney.
Strong Defenses against Philadelphia Assault Charges
If you are facing assault charges in Philadelphia, contacting a criminal defense attorney is critical. There are several defenses a legal team will consider, especially when it comes to aggravated assault charges. Some of the most common defenses include the following:
- Self-Defense or Defense of Another: Many people facing Philadelphia assault charges have strong defenses in self-defense or defense of another. In order to use this defense, the force used must be proportionate and in direct response to an imminent threat of severe bodily harm or death. Video, witness statements, and forensic data can be used to back this defense.
- Mistaken Identity or a False Accusation: In some situations, a defense team may choose to challenge the accuser’s credibility, claiming that the accuser has a motive (revenge, etc.) to lie about the perpetrator of an attack or that the accuser misidentified the attacker. The defense team may choose to introduce other potential suspects or dispute the procedures used to take eyewitness statements.
- Provocation: If the defense team can prove the accuser provoked an incident through threats or intimidation, it can make the actions taken by the defendant seem far more reasonable. In some cases, such provocation can be used to argue self defense.
- Mutual Consent or Combat: When both parties enter into a fight or scuffle willingly, as long as reasonable force is used by both parties, defense attorneys can also have charges reduced – and, in some cases, even dismissed.
- Misuse Of or Lack Of a Deadly Weapon: In some situations, the prosecution may claim a deadly weapon was used against the victim, but if there is no evidence of this, or if there is evidence that the weapon was not used in a manner that caused any serious injury, charges can be significantly reduced.
- Alibi: When defense attorneys can prove their clients were elsewhere, this often leads to a complete dismissal of Philadelphia assault charges. Witness testimony, digital forensic evidence, surveillance footage, and time-stamped records like store receipts can all aid in this type of defense.
- Lack of Intent: In a handful of cases, bodily injury caused accidentally may result in assault charges in Philadelphia. Furthermore, if the injury was the result of recklessness or negligence rather than malice, attorneys may argue there was no criminal intent to cause bodily harm.
Experienced Criminal Defense Attorneys Can Help You Fight Philadelphia Assault Charges
If you have been accused of committing simple or aggravated assault in Philadelphia, reaching out to an experienced criminal defense attorney is imperative. At Pagano Law, we use skilled defense strategies, ample communication, and firm representation throughout the entire process, ensuring that our clients are treated fairly according to their rights. Reach out to the team at Pagano Law for a consultation about your case.
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