Assault & Violent Crimes Overview
If you have been charged with assault or a violent crime Ferro Law Firm is here to help. We have years of experience defending assault and violent crime cases and can get you the justice you deserve.
Types of Assault & Violent Crimes
- Aggravated Assault
- Simple Assault
- Resisting Arrest
- Recklessly Endangering Another Person
Aggravated Assault, also known as Felony Assault, involves the infliction of serious bodily injury on another person, or an attempt to inflict serious bodily injury on another person. There are also certain protected public officials and employees under the Pennsylvania Aggravated Assault Laws. Those charged with Aggravated Assault in Pennsylvania can, upon conviction, be subject to a term of imprisonment for up to 20 years and a fine as large as $25,000.00.
Aggravated Assault is an extremely serious charge in Pennsylvania and requires skilled experience defense counsel. We understand the charge of Aggravated Assault and, more importantly, the defense of those charges. We also understand the value of defending these cases aggressively to obtain the best possible result and outcome.
Simple Assault is the less serious of the assault charges in Pennsylvania. You can be convicted of Simple Assault if you engage in any of the following conduct:
- Attempts to cause or intentionally, knowingly, or recklessly cause bodily injury to another
- Negligently causes bodily injury to another with a deadly weapon
- Attempts by physical menace to put another in fear of serious bodily injury
Although less serious than Aggravated Assault, a conviction for Simple Assault is still a misdemeanor offense that can result in imprisonment for up to two years and a $5,000.00 fine. The conviction for Simple Assault can also result in loss of valuable Constitutional Rights including the right to own and possess firearms. You may be facing serious consequences if convicted of Simple Assault. It is important that you contact experienced defense counsel to help you navigate the best result. There are numerous defenses to the charge of Simple Assault including self-defense and defense of others.
Often, the charge of Simple Assault can be defended based upon the lack of injuries or the Commonwealth’s failure to prove all of the elements of the criminal offense beyond a reasonable doubt.
According to Pennsylvania law, a person resists arrest when, with the intent of preventing a public servant from effecting a lawful arrest, a person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance. In Pennsylvania, Resisting Arrest is a misdemeanor of the second degree and is punishable by a maximum prison sentence of up to two years.
There are multiple defenses to the charge of Resisting Arrest. Experienced criminal attorneys can often look for and find evidence that can negate the elements of the crime. If you have been charged with Resisting Arrest, please call our experienced lawyers today.
Recklessly Endangering Another Person
Recklessly Endangering Another Person in Pennsylvania is a serious misdemeanor offense. In order to convict an individual of Recklessly Endangering Another Person, the government has to prove that the defendant recklessly engaged in conduct which places or may place another person in danger or death of serious bodily injury. Attacked recklessly, a person must consciously disregard a substantial and unjustifiable risk that his conduct will result in the harm to another. The risk must be such by a nature and degree, that the person’s conduct is a gross deviation from the standard of conduct that a reasonable person would observe in that act or situation.
Cases involving reckless conduct are not always clear cut and simple. There is often a thin line between conduct that is not criminal in nature and conduct that can result in a serious criminal conviction that could result in imprisonment and a lifetime of consequences.
The Pennsylvania legislature recently passed a new law that makes the penalties for some domestic violence charges much more severe. An example is the new Strangulation statute that makes it a felony to choke a domestic partner or family member. Previously, such conduct would be charged as a misdemeanor assault charge. Because of the change in the law, the charge of Strangulation, which is a felony, may now result in much more significant consequences.
Strangulation, under the Pennsylvania Criminal Code, is defined as knowingly or intentionally impeding the breathing or circulation of another person by applying pressure to the throat or neck or blocking the nose and mouth of the person. Under the new law, the Commonwealth is no longer required to prove that there was physical injury.
While Strangulation may be charged as a misdemeanor, the offense becomes a second degree felony when the victim is a member of the defendant’s household or family or involved in an intimate relationship with the defendant. Additionally, Strangulation becomes a first degree felony when the defendant has been previously convicted of the same charge. Punishment for this type of offense can often result in significant periods of incarceration and serious fines.
Our attorneys have handled hundreds of domestic violent criminal charges including Strangulation. It is important that you hire experienced attorneys when handling all criminal offenses including domestic violence and Strangulation.
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