Pennsylvania Simple Assault - A brief offense in Pennsylvania will come out of the debate. Anyone you know or don't know can be charged with this crime if you instigated violence in the first place. Let's take a look at the charges and penalties to prepare you for what lies ahead.
There are two general categories of assault in Pennsylvania, and it is helpful to know the difference between them. For minor attacks, the damage is less than for heavy attacks.
Pennsylvania Simple Assault
Minor assault cases are often prosecuted in a wrongful trial because the consequences are usually not serious. Most martial arts, for example, fall under these claims. The most important thing to remember about simple assault is that injuries don't always have to happen to be caught. One can swing at the other and miss completely, but still charge into a light blow. Even if there was no relationship, the plot was there.
What Is A Misdemeanor In Pennsylvania?
Simple attacks are usually mistakes, but that doesn't mean the charges aren't serious. There are several ways to classify simple attacks.
This is a different punishment than aggravated assault. Because aggravated assault cases are usually prosecuted as felonies, a first degree offense is punishable by up to 10 years in prison and a $25,000 fine. Please note that the offense of adultery usually does not result in an assault charge. They are tried in separate classes under state law.
Circumstances are more critical during light attacks. For example, if the victim is under the age of 12, even a minor incident is charged with a first-degree misdemeanor. In general, most cases are attempted in two stages.
As in all legal circles, it is natural to have different opinions on the same issue. That is, one judge may classify the conduct as Class 3, while another may find it extreme and still call it Class 2. There are no hard and fast rules here as each hitting situation comes with its own unique set of circumstances. It is also not limited to beginners. If either party turns violent, both may be prosecuted.
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A simple assault case often has a very complex story attached to it. For example, children under the age of 12 do not necessarily bear the burden of proof in their cases, which creates confusion in the court system. For example, an 11-year-old is angry with her mother and decides to call the police for a minor incident when there is actually no domestic violence in the house. As families tell conflicting stories, it shouldn't be difficult to know who is telling the truth.
The same goes for injuries from accidents. For example, suppose two people are having a good time at a bar and one jokingly slaps the other on the back. However, the opponent is weak, so if you slap them, you will lose your balance and fall to the ground. If the injured party decides to sue for their injuries, the issue may be whether the arbitrator can get the truth of the story.
Cases of this type happen every day, and the effort required to know the truth can be overwhelming. Consider the case of a self-defense injury. If one approaches the wall and the other throws the first punch, you may have to fight your way out of the fight. But in the absence of witnesses, the two appear to be fighting. If the aggrieved party claims they were victimized, it may take time for the case to be resolved.
Proving that someone did something intentionally or intentionally becomes a problem for anyone else trying to figure out who did what and when. Sometimes even the people involved don't know exactly what happened, which can lead to misbehavior.
Guide To Felony Vs. Misdemeanor Charges In Pennsylvania
If you are charged with simple assault, you may file a complaint about how the law handles your case. That is why it is so important to have legal advice on your side. As you can see, the circumstances in each case can be incredibly complex. A competent lawyer will not only understand what happened, but will also gather information that can set you free.
If you have been charged with misdemeanor assault in your state, speaking with a professional attorney is the first step in getting your opinion out there. Whether it's an accident, dispute or defense, you can rely on professionals who understand the law and how it applies to your case. Earlier this month, a Hanover, Pennsylvania, man was charged with assaulting a woman in the belly and then striking her with a fist. She recently gave birth by caesarean section and was bleeding profusely. He is currently facing charges of assault in the second degree. Assault is one of the most common crimes in Pennsylvania, due to the fact that there are many things that can be considered assault.
It is not yet known whether an assault took place in this latest incident. It is known that the man fell while carrying the woman on his back. However, it is important that everyone understands what simple assault is in the state and what the penalties are if convicted.
Pennsylvania's simple law can be found in the Penal Code at 18 PA C.S.A. 2701. In this statute, simple assault is defined as an intentional attempt to inflict bodily harm on another person. Knowingly causing harm to another person is also considered simple assault. Careless use of a lethal weapon may result in assault charges.
Pennsylvania Sentencing Guidelines
It is important to understand that for a person to be charged with a misdemeanor, the accident must not have resulted in injury. One must try to harm the other. Bar fights often lead to assault charges. Even attempting to hit someone else in this fight counts as a hit even if you don't get hit and don't hit anyone.
There is nothing really easy about easy payments. Because the punishment is harsh, you still need a strong defense. In Pennsylvania, simple assault is often prosecuted as a misdemeanor, but to varying degrees.
The most serious offenses, a third degree felony, is punishable by up to one year in prison and a $2,500 fine; two years and a $5,000 fine; and a first degree misdemeanor, up to five years in prison and a $10,000 fine.
In terrorism cases involving a suspect over the age of 21 and a suspect under the age of 12, assault in the first degree generally applies regardless of whether or not there was any injury.
What Is The Difference Between Simple Assault And Aggravated Assault In Pennsylvania?
Easy money to hit might not make sense, but it's powerful. Punishments are severe and those convicted will have a permanent record. The defendant needs a Philadelphia attorney who can help.
At van der Veen, Hartshorn and Levin, we know how difficult claims can be, and we also know how to defend ourselves to give you an agreement or the best chance of obtaining one. We will work hard to find and present evidence to support your position and give you the best chance of success in court. Don't leave your future to chance. Call (215) 486-0123 or contact us online to begin reviewing your case today.
At the prestigious Philadelphia law firm, van der Veen, Hartshorn and Levin all have extensive experience in voluntary and comprehensive legal practice for the benefit of their clients. Simple assault should be classified as a Class 3 misdemeanor, not a Class 2 misdemeanor. This is an important decision because the Commonwealth can more easily get high-level, lenient sentences and not be cleared of charges or jailed.
Under Pennsylvania law, there are two types of simple assault. The most common type of petty misdemeanor is a second degree misdemeanor. It includes only knowingly, intentionally, or recklessly harming or attempting to harm another person. For example, punching someone in the face once is usually an easy attack unless they have serious injuries. A second degree misdemeanor is punishable by up to two years in prison and a $5,000 fine, and simple assault (M2) is not subject to expungement or imprisonment under a minimum entry order. So a simple plea of guilty like M2 will stay in your life unless you get a pardon from the governor.
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Alternatively, simple assault may be a 3rd degree misdemeanor. When statutes are simple, they provide:
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