Erie Law Firm - Assault

Assault Lawyer Erie PA

Being charged with a crime based on an allegation of assaultive behavior can come in many shapes and sizes. The most common people often think about, because it’s so often played out on television shows and in movies, is when a stranger assaults another stranger. However, the reality is that most assaults are between people who know each other – often between siblings, spouses, friends, or even co-workers.

It should come as little surprise that these situations often occur when alcohol is involved. As a result, there can often be a tremendous amount of factual nuance to each case, even those cases which don’t involve alcohol. By factual nuance, I’m referring to the often differing witness accounts which will frequently make up the crux of both the defense and prosecution case.

There are four potential assault charges and each is different.

Aggravated Assault (Felony of the 1st or 2nd Degree)

What is an Aggravated Assault?

In most instances, a person is charged with aggravated assault when he or she:

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.
Attempts to cause or intentionally, knowingly or recklessly causes bodily injury to any member of a protected class (police officer, firefighter, etc), while they are in the performance of their duty.
Attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon.

Simple Assault (Misdemeanor of the 1st, 2nd, or 3rd Degree)

What is Simple Assault?

In most instances, a person is charged with simple assault when he or she:

Attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another.
Negligently causes bodily injury to another with a deadly weapon.
Attempts by physical menace to put another in fear of imminent serious bodily injury.

Terroristic Threats (Commonly a Misdemeanor of the 1st Degree)

What is Terroristic Threats?

In most instances, a person is charged with terroristic threats when he or she:

Communicates, either directly or indirectly, a threat to commit any crime of violence with intent to terrorize another.

Recklessly Endangering Another Person (Misdemeanor of the 2nd Degree)

What is Recklessly Endangering Another Person?

A person is charged with recklessly endangering another person when he or she:

Recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.

Obviously, these broad descriptions of each crime contain words in italics which often have legal definitions which, in addition to the credibility of the witnesses involved, can make or break the case.

Criminal Law

What you can expect when facing an assault charge?

The County in which you were charged will make a difference. Why?

As a general rule, the more rural the county the more harshly they will view a charge relating to assault. This dynamic in and of itself can significantly increase your risk of receiving a sentence of incarceration.

Your prior record is the other big factor when making an initial determination of the likely outcome in your case. Why?

Accelerated Rehabilitative Disposition (ARD) is generally not available to a defendant charged with a crime alleging assaultive behavior. As a result, in an assault case it is likely the case will have to be resolved through negotiation or trial. The higher your prior record the more difficult it can be to achieve the negotiated resolution you desire. Further, the higher your prior record the more exposure you may have to incarceration upon conviction or plea. That dynamic can make the likelihood of trial more probable.

The Preliminary Hearing places an extremely low burden on the Commonwealth. Why?

At a preliminary hearing, especially one relating to an assault, it is likely the Commonwealth will only present the testimony of the alleged victim and in some instances the police officer. At that hearing, credibility is not at issue. The Judge MUST accept EVERYTHING the Commonwealth witness says as true. This dynamic can frustrate a person charged with an offense, most notably in circumstances where they believe the facts are being exaggerated or fabricated all together. In that circumstance the defendant must understand that the preliminary hearing is only one stop in the criminal justice process. And, even though the burden is very much tilted towards the Commonwealth at that stage, the hearing can still serve as a great place to cross examine witnesses and lock them into testimony which can be used at trial if need be.

Credibility is everything. Why?

Unlike most other offenses, assault cases are often nearly exclusively predicated on the testimony of eye-witnesses. That means these cases can often lead to more contested preliminary hearings and more trials. The case will rise or fall based on whether a jury or judge finds the testimony of eye witnesses credible. As a result, it can be hard for a prosecutor to negotiate a case to resolution shy of obvious credibility concerns (which actually does happen more often than one might think). In cases where that dynamic is not present, trial can be inevitable, and your attorney’s ability to point out the testimony that doesn’t add up can be the difference.

As one might expect, this is not an exhaustive list of the things you should be aware of as you navigate through the judicial system with an assault charge. However, it’s a good start.