Chester County DUI Lawyer Michelle Fioravanti

Law Offices of

Michelle A. Fioravanti,

P.C.

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484-876-1543

Aggravated & Simple Assault

chester county agravated assault lawyerUnder Pennsylvania law there are 2 general types of assault: Aggravated Assault and Simple Assault. Assault charges are very serious offenses. Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us if you have been charged with Aggravated Assault or Simple Assault to start working on the defense of your case as soon as possible.

Aggravated Assault Lawyer in Chester, Montgomery, Philadelphia, Delaware, Lancaster, Berks and Bucks County Pennsylvania

Aggravated Assault is the more serious of the 2 types of assault and carries with it the highest penalties. It is believed you caused or attempted to cause serious bodily injury if you have been arrested for Aggravated Assault. You will also be arrested for Aggravated Assault if you attacked a police officer, teacher, or other public officer, employee or agent.

You will be convicted of Aggravated Assault if the Commonwealth of Pennsylvania can prove, beyond a reasonable doubt, any of the the below offenses:

  1. Attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
  2. Attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any public officers, agents, employees or other entity engaged in public transportation, while in the performance of duty;
  3. Attempts to cause or intentionally or knowingly causes bodily injury to any other officers, agents, employees in the performance of duty;
  4. Attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
  5. Attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;
  6. Attempts by physical menace to put any of the officers, agents, employees, while in the performance of duty, in fear of imminent serious bodily injury; or
  7. Uses tear or noxious gas or incapacitating device against a public officer, employee, or agent while acting in the scope of his/her employment.

Defenses to the Pennsylvania Criminal Charge of Aggravated Assault

There are several defenses to the charge of Aggravated Assault. One is the Commonwealth, through the Assistant District Attorney, did not meet the burden of proving all the elements of the crime charged. Another is you simply did not do what is alleged, which is a very fact sensitive analysis. Another defense is that you acted in self-defense against an attacker. You should speak with an experienced criminal defense attorney to discuss your case.

Penalties for the Criminal Charge of Aggravated Assault

A conviction for Aggravated Assault is a felony sentence. First, if you are guilty of Aggravated Assault of numbers 1 or 2 listed above, you will be guilty of a felony of the first degree. This is the most serious grading for a crime. If you are charged and found guilty of any of the other actions listed above, you will be guilty of a felony in the second degree.

Aggravated Assault is a very serious offense. It is important that you call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us so that we may start preparing a defense as soon as possible.

Simple Assault Lawyer in Chester, Montgomery, Philadelphia, Delaware, Lancaster, Berks and Bucks County Pennsylvania

Simple Assault is the less serious of the assault charges. Generally, it involves hitting another person.

You will be convicted of Simple Assault if the Commonwealth of Pennsylvania can prove, beyond a reasonable doubt, the any of the below offenses:

  1. Attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
  2. Negligently causes bodily injury to another with a deadly weapon;
  3. Attempts by physical menace to put another in fear of imminent serious bodily injury; or
  4. Conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.

Defenses to the Pennsylvania Criminal Charge of Simple Assault

The defenses to Simple Assault are similar to that of Aggravated Assault. One is the Commonwealth, through the Assistant District Attorney, did not meet the burden of proving all the elements of the crime charged. Another is you simply did not do what is alleged, which is a very fact sensitive analysis. Another defense is that you acted in self-defense against an attacker. You should speak with an experienced criminal defense attorney to discuss your case.

Penalties for the Criminal Charge of Simple Assault

A conviction for Simple Assault is a misdemeanor sentence. If you are found guilty of Simple Assault, you will be guilty of a misdemeanor of the second degree. However, if you were involved in a mutual fight, then your sentence is lowered to a misdemeanor of the third degree. Finally, if you are over the age of 21, and you are found guilty of Simple Assault of someone under the age of 12, you will be sentenced to a misdemeanor of the first degree.

You may be facing serious jail time and fines if convicted of Simple Assault.  It is important that you call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us so that we may start preparing a defense as soon as possible.

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