Contact us today to learn more. it is a misdemeanor of the third degree; or (2) against a child under 12 years of age by an adult 21 years of age . Now, he is facing charges of second-degree simple assault. We are available for remote meetings via Zoom and Google and occasionally hold in-person meetings if necessary. At Fienman Defense, we are fully committed to protecting our clients rights and providing you with the best possible defense. Checkout rehabnear.me for details. The definition of simple assault is provided by 18 Pa.C.S. One person simply has to try and hurt another individual. It all comes down to the seriousness of the injury due to the violent offense. Your first step should always be to contact an experienced Pennsylvania criminal defense attorney who regularly handles assault cases. Pennsylvania’s simple assault laws are outlined in the Crimes Code in 18 PA C.S.A. However, if the defendant caused serious bodily injury to the victim, then the aggravated assault is considered a first-degree felony. Made me feel like I got my money's worth, an experienced attorney who is good at his job. Those accused need a Philadelphia criminal defense attorney that can help. Recklessly causing someone else harm is also considered simple assault. The charge can carry a sentence ranging from a period of probation to a period of incarceration. One year in prison and/or a fine of up to $2,000 for a misdemeanor of the third degree. There is no denying how frightening it can be to be. When you receive an engagement letter from us, you will be our client, and we may exchange confidential information freely. Featured in the Philadelphia Inquirer and TV, van der Veen, O’Neill, Hartshorn, and Levin, Michael van der Veen interviewed by the Executive Leaders Radio. This means that you tried to physically harm someone but failed in your attempt to do so. SIMPLE ASSAULT AGAINST A LAW OFFICER Assault directed toward a law officer can be a first degree felony and is actually punishable as an Aggravated Assault. For example, “Simple Assault with Mutual Consent” (i.e. She had recently given birth via a cesarean section and suffered significant bleeding. An alleged victim does NOT want to be subject to … or older, in which case it is a misdemeanor of the first degree. In Philadelphia this charge will be heard in the Philadelphia Municipal Court. Five years in prison and/or a fine of up to $10,000 for a misdemeanor of the first degree. This kind of accusation may not be enough to get you convicted of a crime, but it can still result in your arrest and charges being filed against you. In the case of a first degree felony conviction, the defendant will face up to 20 years in prison and a fine of up to $25,000. Simple Assault. To schedule a free and confidential consultation with attorney Fienman, call (215) 839-9529 or submit the details of your case through our online form. They should answer questions such as: Your lawyer will be looking at every avenue that can help you, so it’s important that you give them all of the information that can support your case. One of the most common charges levied by Philadelphia police is assault. For example, you can’t fire a gun at your attacker if they are coming at you with just their fists. Our simple assault lawyers have helped numerous clients in your same situation. If you commit assault against a minor (under 12 years of age) and you are over 21 years of age, you face up to five years in prison. Any charge falling under the definition of simple assault is a misdemeanor of the second degree. This is considered a first degree misdemeanor. If you punch someone in the jaw during an argument, that’s simple assault. Free Guide to Self-Defense in PA What are the Penalties for Simple Assault? In addition to hefty fines and jail time, you also face a variety of other potential penalties. Assault is a very serious crime in Pennsylvania. If convicted of simple assault, you face the following penalties: Up to two years in prison. Typically, a simple assault conviction is a second-degree misdemeanor and comes with severe penalties, including jail time, based on the severity of the assault and prior convictions. In most cases, simple assault is a misdemeanor 2 charge and carries up to 2 years in prison. Can the prosecution actually prove that your actions were intentional? Whether holding a weapon and threatening someone or almost hitting them with a car, you can face a simple assault charge. Were your actions really “intentional, knowing, and reckless”? There is also the possibility that the charge could be reduced to a summary offense. 2701. The best first step is to consult an experienced assault lawyer in Philadelphia who knows what it takes to get your criminal charge expunged. Have You Been Charged with Assault? How an Attorney Can Help An M3 is punishable by up to one year in prison and a $2,000 fine. Look around the area where the alleged assault occurred, and see if there are surveillance cameras that may have either helpful or harmful pictures. Bar fights commonly result in assault charges. On the other hand, aggravated assault is a felony of either the first or second degree depending on who the offense was committed against. Luckily, Pennsylvania affords you the right to argue that you were protecting yourself. We know that a defense is only as good as the evidence surrounding it, and we will rigorously pore over the facts of your case to uncover the most favorable outcome. Five years in prison and/or a fine of up to $10,000 for a misdemeanor of the first degree, Two years in prison and/or a fine of up to $5,000 for a misdemeanor of the second degree, One year in prison and/or a fine of up to $2,000 for a misdemeanor of the third degree. If it’s in your best interest, we will work to negotiate a lesser sentence or determine if we should try the case in court. If it is against a police officer or firefighter, it will be a first degree felony. Our office is engaging in recommended COVID-19 safety practices and following all social distancing guidelines. Be sure to give them a list of everyone who was a witness to the action that resulted in your charges. If someone is charged with simple assault as a summary conviction, this is the less severe of the two charges, and can actually be processed directly by a judge with no need for a jury or a jail sentence.