If you have been charged with a Simple Assault offense in West Chester, Pennsylvania, having a West Chester criminal attorney by your side is crucial to the preservation of your rights and reputation.
Under Pennsylvania law, simple assault crimes may occur (and occur most commonly) when someone “attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon; or attempts by physical menace to put another in fear of imminent serious bodily injury.” 18 Pa.C.S. § 2701. Still, these are not the only times the crime may occur (simple assault statute can be found below).
West Chester Criminal Defense
The circumstances in which simple assault crimes occur vary greatly – and each circumstance has specific considerations and investigative needs unique to the facts of the case. For example, in West Chester, Pennsylvania, because of the numerous local bars, it is not uncommon to have a bar fight inside or outside of one of the local establishments. A security camera may record the fight, along with how it started, on camera. This video would be crucial to creating a defense and corroborating or impeaching witness statements. Conversely, many domestic disturbances happen in one’s home, outside of the presence of any security cameras. Meaning the physical evidence and witness statements may be the crucial pieces of evidence. Also, there are times where no physical injury may occur, but one can still be found guilty of a simple assault offense. Investigation and preparation are key to a successful defense in a simple assault case.
Simple Assault Crimes Require Thorough Investigation.
No matter what the situation – a simple assault charge in West Chester, Chester County or anywhere in Pennsylvania can have drastic repercussions to your reputation and may involve serious criminal penalties. There is no time to waste. A skilled and determined West Chester Criminal Defense lawyer should be consulted immediately in order to preserve and/or request any evidence and to begin preparing a defense on your behalf.
If you or a loved one has been charged with a simple assault, contact West Chester criminal defense lawyer Mike DiCindio to schedule your free initial consultation and discuss your case today.
- 18 Pa.C.S. § 2701. Simple assault.
(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.
(b) Grading.–Simple assault is a misdemeanor of the second degree unless committed:
(1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
(2) against a child under 12 years of age by a person 18 years of age or older, in which case it is a misdemeanor of the first degree.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.