Skip to content

Available 24 hours a day — 7 days a week — Call 610.890.6790

Assault Charges

Proudly Serving Chester County and Surrounding Areas

Quick Links

Assault-related charges often are centered around a fight, tussle, violent behavior, or threatening words or actions by one or more parties. When the government is investigating and deciding what charges are appropriate in these matters, they look to the level of injury, the level of injury intended by the actor, the words and actions used throughout, etc. These charges are also where you will typically see domestic violence or abuse charges. These cases are usually centered heavily around the complaining witness testimony and any corroborative evidence like photographs and eyewitness accounts. Depending on the level of injury and how the government alleges it was inflicted, doctors may be called in to testify about causation or permanency. You attorney should be reviewing any factual and legal defenses (including self-defense) while also determining if an expert may be needed to dispute an allegation.

If you or a loved one has been charged with a crime in Pennsylvania, contact Mike DiCindio, Esq today at 610.220.4691!

Aggravated Assault in Chester County, PA

I’ve been Charged with Aggravated Assault in Chester County…

Aggravated assault is the more serious of the assault charges. What will elevate a Simple Assault to an Aggravated Assault is the intent of the actor (attempting to cause serious bodily injury), the injury caused, or the victim being a part of a certain profession protected by the statute (police officers, etc.). Aggravated Assault is a felony in Pennsylvania. When we begin preparing a defense in an aggravated assault case we focus on the elements. If we need to defend against serious bodily injury, we may need to consult with a medical expert. If we are dealing with an attempt to cause serious bodily injury, we will be more focused on the facts that are alleged and whether or not the Commonwealth can prove intent. The specific subsection of the statute that is charged is going to help us to determine what in particular we must be defending against for trial. Further, the amount of injury and the manner in which the assault was alleged to have happened will also guide us in determining our best argument. Further, there may be other affirmative defenses (self-defense, etc.) that will be the basis of our defense theory. These cases are serious. They have serious punishment exposure and have potentially very involved factual and legal issues. Every defense – legal and factual – will be explored before determining the best way to proceed. Understanding Aggravated Assault Charges in PA

PA Law Codes Defined:

(a)  Offense defined.–A person is guilty of aggravated assault if he:

(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 of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company 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 of the officers, agents, employees or other persons enumerated in subsection (c), 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 or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury;

(7)  uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment;

(8)  attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or

(9)  attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older.

Simple Assault in Chester County, Pennsylvania

I’ve been Charged with Simple Assault in Chester County PA…

Simple Assault is the less serious assault statute in Pennsylvania. The situations covered under this offense revolve around threatened or caused “bodily injury” rather than “serious bodily injury” (the Aggravated Assault statute). Or in situations when someone is placed in fear of serious bodily injury. Simple Assault cases range from bar fights to domestic disputes to any other type of physical altercation. This is one of the most commonly charged assault crimes in Pennsylvania. Our review of these matters will begin with the circumstances surrounding the altercation. We need to determine if this was a mutual fight, if there was any provocation that would lead to a justification defense like self-defense, and we need to evaluate the injuries to the complaining witness (or lack thereof). Injury and intent are two of the major elements we will focus on in these circumstances. Often these cases are reported to law enforcement from the one-sided position of the complaining witness. It is important to utilize every fact to our advantage in crafting a defense or a negotiation strategy. Understanding Simple Assault Charges in PA.

PA Law Codes Defined:

(a)  Offense defined.–Except as provided under section 2702 (relating to aggravated assault), a person is guilty of assault if he:

(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.

Resisting Arrest In Chester County, PA

I’ve been Charged with Resisting Arrest in Chester County…

When law enforcement officers are performing their duty and an individual either creates a substantial risk of bodily injury to them or acts in a way that requires the law enforcement officers to use substantial force to overcome their resistance, a Resisting Arrest charge will likely result. In Pennsylvania it is not only an actual arrest that will give rise to these circumstances. It can be any other official duty. We will begin by evaluating why the officer was in contact with you and what “official duty” they were handling at the time. The amount of force that is required to be used by law enforcement is another argument that we may present. It is important to remember it is not that they had to use force, but instead that they need to use SUBSTANTIAL force. Often this is an overlooked nuance in these cases.

PA Law Codes Defined:

(a) A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the 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.

Terroristic Threats in Chester County, PA

I’ve been Charged with Terroristic Threats in Chester County, PA…

If you communicate a threat to commit a crime of violence with the intent to terrorize another in a direct or indirect manner you may be charged with Terroristic Threats. There are many circumstances in which this may occur. There are also many possible defenses to this charge as the law aims to only punish intended threats not hyperbolic threats. Courts understand that people say things that they do not mean. Further, the courts understand that people say things they do not mean in moments of anger. Our defense to these charges often stems from the lack of a true intent to terrorize on the part of the charged individual. We need to present the full circumstances to show this was not a true threat in the circumstance.

PA Law Codes Defined:

(a)  Offense defined.–A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:

(1)  commit any crime of violence with intent to terrorize another;

(2)  cause evacuation of a building, place of assembly or facility of public transportation; or

(3)  otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

Strangulation, in Chester County, PA

I’ve been Charged with Strangulation in Chester County, PA…

The strangulation statute in Pennsylvania aims to punish those who intentionally impede ones breathing or circulation – focusing on pressure to someone’s neck or covering their nose and mouth. The relationship to the victim will increase the grading of this offense in certain circumstances outlined in the grading portion of the statute. These cases can become very involved. Medical experts may be needed to evaluate the injuries and provide an opinion as to the cause of them. Under this statute, in a domestic violence situation, this crime carries with it a very high exposure to punishment. Many situations that would have normally been misdemeanors have been elevated to felony grading with high sentencing exposure. Attacking the strangulation charge in any case is of great importance to our defense strategy because often times it is the highest and most serious crime charged. Read More

PA Law Codes Defined:

(a) A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the 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.

Practice Areas

Michael DiCindio

Ready To Discuss Your Case?

Related Articles

Need to Chat About Your Case?
We’re Here to Help! Call (610) 890-7098

Need to Chat About Your Case?
We’re Here to Help!
Call (610) 890-7098

Dicindio Icon@1X

What our clients are saying