Montgomery County Assault Lawyers
Under Pennsylvania law, the crime of assault can encompass a wide range of behaviors. The penalties accompanying charges for assault can differ significantly depending on the circumstances of the case. If you face any type of assault charge, it is imperative that you protect your future by contacting an attorney with experience defending assault accusations in Pennsylvania.
Charged With Assault And Have Questions? We Can Help, Tell Us What Happened.
A Montgomery County assault attorney with Rubin, Glickman, Steinberg & Gifford, P.C., will know the state laws regarding assault inside-and-out and has the knowledge required to defend your case effectively. Our lawyers are former prosecutors with a detailed knowledge of how best to try a case and protect your rights.
Protecting Your Future and Your Freedom in Assault Cases
Whether you were swept into a bar fight or a disagreement with the neighbor got out of hand, or an argument with your spouse escalated beyond your control, your private dispute can quickly become the business of local law enforcement. Fortunately, partnering with a proficient assault defense lawyer may help you avoid or mitigate the consequences that often stem from these types of offenses.
Whatever the circumstances, your future is riding on your assault case, and a skilled advocate of your rights can make or break your case if they can build a solid criminal defense strategy. For effective legal counsel, seek a Pennsylvania criminal defense attorney who knows the state’s criminal court system like the back of their hand and understands the prosecution’s concerns. This will ensure that you partner with an assault defense lawyer who is capable of devising a tactical defense strategy for your case.
Understanding Assault Laws in the State of Pennsylvania
There are two specific types of assault charges in Pennsylvania: simple and aggravated. We have broken down everything you need to know about both below:
To be convicted of simple assault, a prosecutor must prove that an individual acted recklessly, knowingly, or intentionally and:
- Put another person in fear of imminent bodily injury
- Attempted to inflict bodily harm on another person
- Inflicted bodily injury on another person
For an act to be considered intentional, it must be proven that the defendant had the specific resolve to commit the illegal and harmful act. The assault must also have been knowingly committed, which means that the accused was aware of the nature of their actions and the possible consequences of those actions.
Charges for simple assault are treated as second-degree misdemeanors unless certain conditions apply. For instance, if the assault occurred during a fight entered by mutual consent, the offense may be downgraded to a third-degree misdemeanor. However, suppose the assault is executed by an adult over the age of 19 against a child under the age of 12. In that case, the crime is upgraded to a first-degree misdemeanor and is subject to more severe penalties.
In any case, it is vital to speak with a Pennsylvania assault lawyer no matter what type of assault charge you are facing because they may be able to mitigate the charges on your behalf.
In some situations, the prosecutor may allege that the circumstances of the case call for raising a simple assault to an aggravated assault charge. Aggravated assault is also sometimes referred to as “felony assault” because authorities can charge this offense as either a second-degree or first-degree felony depending on the situation. The following factors differentiate aggravated assault from simple assault:
- The defendant acted in a manner that demonstrated extreme indifference to the value of human life.
- The assault was made against a law enforcement official, correctional officer, emergency medical personnel, or another authoritative figure.
- The assault was made against a teacher or school staff member acting in the course of employment.
- A deadly weapon was used (or attempted to be used) intentionally or recklessly.
- Tear gas or noxious gas was used during the act of assault.
- An adult intentionally or recklessly caused (or attempted to cause) bodily harm to a child under 13.
For a person to be convicted of aggravated assault, the prosecutor must convince the jury of two specific elements. The first is that the defendant was knowledgeable about the danger of their actions. Sometimes referred to as “willful intent,” this means that the suspect must have acted knowingly and was aware of the possible consequences of their actions. In addition, the prosecution must prove that the individual acted recklessly. A person can be found to have acted recklessly if it has been determined that a reasonable person in the same situation would have been aware of the risks associated with the conduct.
Types of Sexual Assault Crimes We Defend in Pennsylvania
Sexual assault charges are usually considered felonies in Pennsylvania, although some rare instances are considered misdemeanors. However, even a misdemeanor sexual assault conviction can lead to harsh penalties, such as a stint in prison and required registration as a sex offender. To determine the severity of the crime, the prosecution will usually consider the victim’s age and the particular circumstances of the case.
There are various types of sexual assault crimes in Pennsylvania, including:
- Rape: The crime of forcing another person into sexual intercourse without their consent is considered rape, a first-degree felony in Pennsylvania, punishable by up to 20 years in prison.
- Aggravated rape: A rape charge is elevated to aggravated rape if the crime included the use of a dangerous weapon or assault and battery. Aggravated rape convictions come with harsher penalties than many other rape crimes and can result in up to 40 years behind bars.
- Indecent sexual assault: Any instance of forcing another person to come into contact with bodily fluids or excrement for sexual arousal or otherwise making sexual contact with another person without their consent is charged as indecent sexual assault in Pennsylvania and can be imprisoned for up to five years.
- Rape of a child: Even if there was “consent,” engaging in sexual intercourse or another sexual act with a minor younger than 16 can result in a rape of a child charge or statutory sexual assault. A conviction of these charges can result in up to 40 years in prison.
- Rape of a child with serious bodily injury: This charge, also referred to as involuntary deviate sexual intercourse, is any unwelcome sexual activity performed on a person younger than 13 years of age who suffers bodily injury from unwanted contact. This crime can result in lifetime imprisonment.
When you choose to partner with us as your criminal defense lawyers, our proficient legal team will enthusiastically represent, negotiate, and work tirelessly to defend your sexual assault allegations without judgment. Our focus is always on protecting the constitutional rights of our clients, including their right to a fair trial.
Possible Penalties for a Conviction of Assault in Pennsylvania
An assault conviction carries serious consequences. Even conviction of the lowest-level assault crime can result in prison time, hefty fines, and a permanently blemished reputation. This is why it is so critical to contact an experienced assault defense lawyer after an arrest immediately. At Rubin, Glickman, Steinberg & Gifford, we represent Pennsylvanians who have been charged with assault crimes including, but not limited to:
- Domestic violence
- Simple assault
- Aggravated assault
- Assault with a deadly weapon
- Sexual assault
- Vehicular assault
- Assault of a minor
- Assault of a law officer
The maximum penalties for these assault charges in Pennsylvania are as follows:
- Third-degree misdemeanor assault: one year in jail and a $2,500 fine.
- Second-degree misdemeanor assault: two years in prison and a $5,000 fine.
- First-degree misdemeanor assault: five years in prison and a $10,000 fine.
Depending on the crime, other punishments for an assault conviction in Pennsylvania can include:
- Restitution payment to the victim(s)
- Life-long status as a convicted felon
- Community service
- Confiscation of weapons
- Completion of an anger management course
- Registration as a convicted sex offender
The Pennsylvania criminal defense lawyers at Rubin, Glickman, Steinberg & Gifford, P.C. are committed to fighting for your rights and protecting your interests throughout the legal process. We understand the laws, rules, and procedures necessary to defend clients charged with all types of assault and are dedicated to obtaining the best results for our clients.
Schedule a Free Consultation with an Experienced Assault Attorney Today
For more than 65 years, the aggravated assault attorneys at Rubin, Glickman, Steinberg & Gifford P.C. have been serving the legal needs of Pennsylvanians in Montgomery County, Bucks County, and throughout the surrounding areas. If you have been arrested for or charged with assault, schedule a free consultation with one of our criminal assault lawyers today. Your attorney will be able to explain the full extent of the law and possible defense strategies that pertain to your case.
Aggravated Indecent Assault
At Rubin, Glickman, Steinberg & Gifford, P.C., we have earned the trust and respect of our clients facing a wide range of legal problems. However, we prefer to let our case results speak for themselves. Our highly trusted and well-versed legal team understands the rules and regulations regarding assault charges in the Commonwealth of Pennsylvania and will be with you every step of the way. Give us a call at (215) 822-7575 or complete our contact form today to begin discussing your legal options with a highly qualified attorney.