Beating a simple assault charge depends greatly on the unique circumstances of the case and the evidence available. Each case is different, and your Philadelphia assault defense lawyer will take the necessary steps to develop a personalized defense strategy specifically for your case.
This will likely involve considering what led to the charges, investigating the incident,
scrutinizing the prosecution’s case and analyzing the applicable laws. Your lawyer will be the best resource for developing an effective defense strategy that helps you beat the charges against you.
Defining Simple Assault and Key Defense Strategies
Pennsylvania law defines simple assault under 18 Pa. Code § 2701. This criminal offense generally involves causing, threatening, or attempting to cause bodily injury. This could occur due to negligence with a deadly weapon or intentional actions.
Simple assault is usually a second-degree misdemeanor charge, although aggravating or mitigating facts could increase or decrease the severity of the charge.
Some common defenses used in simple assault cases include:
Claiming Self-Defense in a Simple Assault Case
Pennsylvania law—18 Pa. Code § 505—allows individuals to use force to protect themselves from harm. A self-defense claim may be valid if you can show that you reasonably believed you were in imminent danger. You must use force that is proportional to the threat. You cannot be the initial aggressor, provoke the attack, or continue to use force once the threat ends.
Using Defense of Others as a Legal Strategy
Under 18 Pa. Code § 506, Pennsylvania law also allows you to use force to protect others who are in immediate danger of harm. The same rules apply in defense of others as they do in self-defense cases.
Proving Lack of Intent in Simple Assault Charges
To be convicted of simple assault, you must have acted intentionally, recklessly, or negligently. You may be able to demonstrate that the other person was accidentally injured or felt threatened, which could help your case.
Mutual Consent Argument as a Defense
Under Pennsylvania’s simple assault statute, charges are downgraded to a third-degree misdemeanor when the parties are involved in a “fight or scuffle entered into by mutual consent.” This could decrease the severity of your charges or lead to an acquittal.
Mistaken Identity as a Defense Strategy
It is possible that the victim confused you with someone else. A misunderstanding or confusion related to the event can lead to a mistaken identity. Your defense lawyer will need to take steps to show you are not the individual who committed the assault to clear your name.
Countering False Allegations in Simple Assault Claims
Sometimes, alleged victims fabricate stories based on jealousy, revenge, or other reasons. Your attorney must provide a strong alibi or other evidence to show the allegations are untrue. Charges may never occur, or they could be dropped, or you could win an acquittal in court.
Challenging Lack of Evidence in Simple Assault Cases
To receive a simple assault conviction, the prosecution must have strong enough evidence to show beyond a reasonable doubt that you committed the crime. When they have only weak circumstantial evidence, your attorney will likely challenge their ability to meet the burden of proof.
Addressing Police Procedure Errors in Your Defense
When law enforcement officers conduct an investigation and arrest someone, they must honor the individual’s rights. If they illegally searched you or your property, used excessive force, or failed to read you your Miranda rights, your attorney may have evidence barred from the case. This could lead to charges being dropped or an acquittal.
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Exploring Additional Legal Options for Simple Assault Charges
When you discuss your legal options with your criminal defense lawyer, they could make additional suggestions beyond the most common defenses. For some, negotiating a plea agreement or pursuing a spot in a diversion program could lead to a favorable outcome for them.
When the evidence is difficult to overcome, your defense attorney may recommend trying to negotiate with the prosecutor for a reduction in charges or a more lenient sentence in exchange for a guilty plea.
Alternatively, you could qualify for a diversion program, such as the Accelerated Rehabilitative Disposition (ARD) program. This program is for first-time, non-violent offenders. It could allow you to avoid jail time and get the charges dismissed once you complete the necessary steps of the program. Then, it may be possible to expunge your arrest record and clear your name.
How Your Lawyer Can Help You Fight Charges of Simple Assault
To beat a simple assault charge in Pennsylvania, you will want an attorney who can help you develop a personalized defense strategy based on the circumstances of your arrest. Whether that approach includes self-defense, defense of others, lack of intent, false allegations, or another defense, they will manage your criminal case from start to finish.
You can count on your defense lawyer to carefully review your case facts and understand the applicable laws. They will protect your rights and fight to clear your name or mitigate the effects the simple assault charge has on your daily life. Their goal, like yours, is to minimize or eliminate the time you have to spend behind bars and how this experience could affect your future.
Each simple assault case is unique. The success of any defense against assault charges depends on the specific details and circumstances of the case. This includes the strength of the evidence, witness testimony, and the approach of each side. Sometimes, your attorney may recommend some alternatives to fighting the criminal charges in court. This could provide the best possible outcome for some defendants.
Learn More About Beating Simple Assault Charges by Contacting Our Office Today
When you need a criminal defense lawyer in the greater Philadelphia area, the Law Offices of M.J. Snyder, LLC, will be here for you. Call us as soon as possible after your arrest. You can get a free, confidential consultation with our legal team by contacting us today. We are available to discuss your next steps immediately.
