Montgomery County Assault Lawyer

It does not take long for an argument to escalate into violence. Even if you did not start the fight, you might find yourself facing criminal assault charges if you throw the first punch. Before pleading guilty to assault charges, make sure you understand your rights and retain the services of a dedicated Montgomery County assault lawyer from Cohen & Patel today.

Assault Lawyer | Representing Clients Throughout Eastern PA

Have you been accused of assaulting another person? If so, whether you’re facing simple or aggravated assault charges, you need a competent Pottstown criminal defense lawyer in your corner who can help you get the best outcome possible. Jail time, high fines, and more are all possible, and you need an attorney who can shield you from those penalties at every turn. Fortunately, you are in the right place.

Pennsylvania Assault Crimes

Assault crimes in Pennsylvania include simple assault and aggravated assault. The penalties for assault depend on the type of assault, specific victim, defendant’s criminal history, and other factors.

Simple Assault

Simple assault is generally a misdemeanor. Simple assault includes:

• Intentionally or recklessly causing injury to another;
• Negligently causing bodily injury to another with a deadly weapon;
• Attempting to put another in fear of imminent serious bodily injury; or
• Intentionally sticking a law enforcement officer or prison employee with a hypodermic needle.
• Most cases of simple assault are charged as a 2nd-degree misdemeanor, punishable by up to 2 years in prison and a fine of up to $5,000. However, if the victim is a child under the age of 12, simple assault is a 1st-degree misdemeanor, punishable by up to 5 years in prison and a fine of up to $10,000.

Aggravated Assault

Aggravated assault is a more serious criminal charge and is generally charged as a felony. Aggravated assault involves:

• Attempted or intentionally causing serious bodily injury to another;
• Attempted, intentionally, or recklessly causing serious bodily injury to a police officer or public servant;
• Attempted or intentionally causing bodily injury with a deadly weapon;
• Causing bodily injury to a teacher or school employee; or
• Causing bodily injury to a child under the age of 6.

If an assault occurs against certain officers, government employees, and other public servants, it can be considered aggravated assault. This includes:

• Police officers
• Firefighters
• Sheriffs
• District attorneys
• Public defenders
• Parking enforcement officers

Aggravated assault can be charged as a 1st-degree felony or a 2nd-degree felony, depending on the type of assault involved. As a 1st-degree felony, a conviction for aggravated assault can result in up to 20 years in prison and a fine of up to $25,000. As a 2nd degree felony, a conviction for aggravated assault can result in up to 10 years in prison and a fine of up to $25,000.

How Pennsylvania Sentences Assault Convictions

The prison terms above are statutory maximums, not fixed or mandatory sentences. In most assault cases, there is no mandatory minimum, and the actual sentence is guided by Pennsylvania’s sentencing guidelines, which weigh the offense gravity score for the specific charge and your prior record score. A first-time offender often receives far less than the maximum, and probation may be an option. Some aggravated assault cases can trigger a mandatory minimum, such as when the victim is a young child or an older adult, so have an attorney assess your exposure.

Defenses to Assault Charges

It may be a defense to criminal assault charges if the defendant was acting in reasonable self-defense or in the defense of another. Self-defense or defense of another must be reasonable under the circumstances. For example, if someone is about to slap you, it may not be considered self-defense if you respond by stabbing the person with a knife.

Contact a Montgomery, Berks & Chester County Assault Lawyer

A conviction for assault can carry serious penalties that may affect your future even after serving your sentence. Contact a Montgomery County assault lawyer from Cohen & Patel today so we can get started fighting for your freedom. Our firm proudly represents clients facing criminal charges throughout Pennsylvania, including in East Norriton, Norristown, Allentown, Lancaster, Bensalem, Easton, Levittown, Bethlehem, Erie, Mechanicsburg, Chester, Harrisburg, and more.