Assault with a deadly weapon is a serious criminal offense. Do not assume that you’ll beat the assault charges if you don’t have a prior criminal record or you are innocent. You need an experienced West Chester, PA criminal defense attorney to protect your legal rights throughout the process.
Our West Chester assault defense attorney at DiCindio Law, LLC has over ten years of experience working in the criminal justice system. He’s a former Chester County prosecutor, so he has extensive knowledge of the court system and how prosecutors work. He’ll use that knowledge to your advantage.
Call now at (610) 430-3535 for a free consultation or contact us to discuss potential legal defenses to your assault with a deadly weapon charge. Our experienced criminal defense attorney in West Chester, Pennsylvania is ready to fight for you.
How Our West Chester Criminal Defense Lawyer Can Help If You Are Charged With Assault With a Deadly Weapon
Being charged with a crime and being found guilty of that crime are not the same. At DiCindio Law, LLC, we force the state to prove each legal element required to obtain a conviction. It is the state’s job to prove that you are guilty of assault with a deadly weapon.
However, you still need to prepare a strong legal defense against these charges. Even if you are innocent, you need to defend yourself. The prosecutor already believes you are guilty, so it is up to you to refute those allegations.
When you hire our legal team, you can expect us to:
- Explain your legal options for defending the charges
- Investigate the criminal charges against you and assess the evidence against you
- Discuss the risks of going to trial versus accepting a plea agreement
- Aggressively fight to have the assault charges reduced or dismissed
- Negotiate for the best terms possible for a plea agreement if going to trial is not in your best interest
- Provide guidance and support throughout the process
Facing criminal charges is frightening. However, your future and your freedom depend on the outcome of the case. We know the stakes, and we fight to achieve the best possible outcome in your case.
Call our office to schedule a free consultation to discuss your case with our West Chester assault defense lawyer. Let’s begin working on a defense to the criminal charges filed against you.
Assaulting Someone with a Deadly Weapon
Under Pennsylvania law, it is considered aggravated assault if you use a deadly weapon to knowingly or intentionally try to injure another person.
Deadly weapons may include, but are not limited to:
- Any firearm, whether it is loaded or unloaded, including pistols, shotguns, rifles, etc.
- A device capable of causing serious bodily injury or death, including motor vehicles, knives, arrows, baseball bats, brass knuckles, broken bottles, tire iron, etc.
- Any other device that is likely to produce serious bodily injury or death
The code section defining deadly weapons is intentionally broad to include non-traditional weapons that could be used to assault someone.
What is Aggravated Assault?
Aggravated assault is charged as a first-degree or second-degree felony offense. It is a much more severe crime than misdemeanor assault.
Aggravated assault is defined by statute as:
- Attempting to cause serious bodily injury to another person; or
- Causing bodily harm knowingly, intentionally, or recklessly under circumstances demonstrating an extreme indifference to the value of human life.
For a conviction of aggravated assault, the state must prove that the defendant acted with the requisite intent. Using a deadly weapon to commit assault is often evidence of intent.
Penalties for Assault with a Deadly Weapon
Simple assault may carry a term in county jail. However, when a person commits an assault with a deadly weapon, they can be punished by imprisonment in state prison. The degree of bodily harm and whether the person was a public servant or peace officer will impact the sentence for aggravated assault.
If the victim was a public servant other than a police officer or did not sustain serious bodily injury, the charge is second-degree felony aggravated assault. A conviction results in a fine of up to $25,000 and a maximum prison sentence of ten years.
However, if the victim was a police officer or sustained serious bodily injury, the charge is first-degree felony aggravated assault. A conviction results in a fine of up to $25,000 and a maximum prison sentence of 20 years.
There may be several defenses to charges of assault with a deadly weapon, such as self-defense and mitigating circumstances. You and your criminal defense lawyer can discuss potential defenses and plea agreements to avoid maximum jail sentences.
Contact Our West Chester Assault Lawyer to Schedule a Free Consultation
If the police arrest you for assault with a deadly weapon, your first call should be to an experienced West Chester criminal defense lawyer. Contact DiCindio Law, LLC to schedule a free consultation with our experienced criminal defense attorney. We are here for you when you need legal advice and someone you can trust to give you an honest assessment of your situation.