Simple assault is the most common of all assault charges filed in Pennsylvania. The charge can carry a sentence ranging from a period of probation to a period of incarceration. The severity of the sentence depends upon the specific injury that a person has sustained or the seriousness of the threat made. In all cases, however, you are facing serious criminal charges that can result in a criminal record. Contact a Philadelphia simple assault lawyer for more information on what to expect, and to discuss your options. An experienced assault lawyer in Philadelphia can assist you in building the strongest defense possible for your case.
Simple assault charges are taken very seriously in Philadelphia. As such a simple assault charged as a misdemeanor of the first degree can carry up to a 5 year sentence, charged as a second degree misdemeanor it can carry a sentence up to two years and as a misdemeanor of the third degree it can carry up to a1 year incarceration.
Prosecutors use live testimony from victims, witnesses, police and medical professionals to make their case. Additionally, they use photographs, medical records and other hard evidence to meet their burden of proof of a simple assault beyond a reasonable doubt.
The results of all of this evidence aids in the prosecution’s case. An experienced Philadelphia simple assault lawyer has many proven methods to challenge such evidence and can assist an accused person from being falsely convicted of simple assault.
An experienced Philadelphia simple assault attorney can attack the prosecution’s case with direct evidence of their own and use established criminal defense ways to create doubt and mitigate or reduce the charges. Often cases can be pleaded down to a summary offense or after a trial an individual can be found not guilty. In either case an accuser’s record is protected and their rights defended.
In such a way, an experienced Philadelphia assault lawyer can prepare witnesses to support defense such as alibi or self defense. Depending on the facts of your specific case, many methods can be used in defense of simple assault cases.
First, a prosecutor must prove there was an injury or attempt to cause bodily injury. Then a prosecutor must prove an accused was responsible directly or indirectly for such injury or attempt to cause bodily injury. For cases involving harm to a child, graded as a misdemeanor of the first degree, they must show the victim to be a juvenile. As a result simple assault charges are prepared in a serious manner by prosecutors.
If you are charged with simple assault you should first contact an attorney with experience in handling assault cases in Philadelphia. Once you feel comfortable with your attorney, your Philadelphia simple assault lawyer should schedule a turn in date and lastly begin preparing your defense in the Municipal Court.
These things are important because without proper representation an individual charged with simple assault can face a high bail and even incarceration while a trial is pending. Getting ahead of the criminal justice system gives you an advantage and having an experienced Philadelphia simple assault lawyer on your team only assures you the best result in Municipal Court.
David Clark Attorney at Law