While many assume that scuffles or petty bar fights are no big deal, in Pennsylvania, these can often constitute assault offenses. Additionally, facing these charges can be incredibly serious, as an assault crime can carry heavy penalties, even as a misdemeanor. However, if you were attacked first and defending yourself, you may have a valid legal defense. The following blog explores assault charges in further detail and how a Montgomery County assault lawyer can help you fight to prove self-defense during your case.
What Warrants an Assault Charge and What Penalties Can I Face?
When charged with assault, it’s imperative to understand what constitutes this offense. Generally, you’ll find that any time you intentionally and recklessly cause bodily injury to another person, with or without a deadly weapon, you can face a simple assault charge. Additionally, making a threat of physical harm, even if you never touch the other person, can
However, you can also face an aggravated assault charge. Generally, this means that you have caused serious bodily injury to someone while showing a depraved indifference to human life. Typically, if the intent to cause serious harm is present, this warrants increasing the charge from simple to aggravated assault.
The penalties you can face are serious, regardless of whether you’re charged with simple or aggravated assault. Typically, a simple assault charge is a misdemeanor offense. However, you can face up to a first-degree misdemeanor, which carries up to five years in prison and a fine of $10,000 if convicted of this offense. A felony, on the other hand, is even more severe, as a second-degree felony carries up to ten years in prison. A first-degree felony aggravated assault conviction can result in up to 25 years in prison.
Can I Use Self-Defense as a Defense?
As you can see, the penalties for an assault charge, even simple assault, can be incredibly serious. That is why it is critical to understand the potential defenses you may be able to use to help protect yourself. However, the most important thing you should keep in mind during this matter is that working with an experienced attorney is always in your best interest during these matters. They can examine your circumstances to determine the best course of action for the specifics of your case.
One of the most common defenses, however, is self-defense. This allows you to fight the charges on the grounds that you believed you were in imminent danger at the time and used necessary force to protect yourself and others from harm. However, it is imperative to understand that the force you use must be proportional to that of the threat against you. This means that if someone has no weapons, using a gun would likely not warrant self-defense. Additionally, you cannot claim self-defense if you instigated the attack, nor continue the attack once the threat has been subdued.
As you can see, facing assault charges can be incredibly overwhelming, as they can have a serious impact on your life. Not only do you face the risk of spending time behind bars, but criminal charges can follow you for the rest of your life. That is why working with an experienced criminal defense attorney with Mudrick & Zucker, P.C. is in your best interest. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
