What Is Simple Assault by Physical Menace in PA?

Perhaps the most confusing of the potential forms of simple assault is, as the Pennsylvania General Assembly terms it, “attempts by physical menace” to cause someone fear of bodily harm. This form of simple assault can include any threatening actions used to create fear, even if you didn’t physically harm the alleged victim in any way. The fact that you didn’t cause the alleged victim any bodily injury doesn’t, in and of itself, preclude you from facing assault charges because this offense encompasses assault by physical menace. Still, your attorney may be able to highlight the lack of bodily injuries in your defense or in negotiations for plea deals and lighter settlements.

How Long Can You Go to Jail for Simple Assault in PA?

Depending on the degree of the simple assault offense with which you were charged and the specific circumstances of your case, you could be looking at maximum jail sentences that range from one year to five years in prison. In some instances, it may also be possible to avoid serving jail time altogether. To give yourself the best chance of an outcome that minimizes the effects of a simple assault charge on your life, you should retain a skilled simple assault defense attorney in Kingston, PA.

Can You Get Probation for Simple Assault in PA?

Your Luzerne County simple assault lawyer’s goal is to protect your legal rights and serve your interests throughout the legal proceedings. This means pursuing potential avenues that could help you achieve a more favorable outcome. The most favorable outcome you can realistically expect in your case depends on the facts and the evidence in the case against you but may include the following: Serving probation instead of jail time Participating in Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program Getting the charges dropped or dismissed on legal grounds Pushing for a lighter sentence (less jail time and/or lower fines) Accepting a plea deal for a lesser charge Mounting a robust defense at trial that improves the likelihood of a not-guilty verdict The strategies used in criminal defense law are very fact-specific. The circumstances of one simple assault case can be very different from another. For example, a first-time offender charged with third-degree simple assault arising out of mutual combat that caused no serious bodily injuries may have more avenues open to them than a repeat offender who caused serious injuries in an unprovoked attack on a child. One benefit of retaining an experienced simple assault defense attorney in Kingston, PA, to fight for you is being able to rely on their guidance as to the legal options available to you and their likely outcomes.

How Can a Luzerne County Simple Assault Lawyer Help Me?

At Muckler Law, LLC, you can count on a knowledgeable attorney to fight tirelessly for defendants facing criminal charges. With extensive experience representing defendants charged with all kinds of criminal offenses across Northeastern Pennsylvania, Muckler Law, LLC, is prepared to explore the nuances of your unique case from every angle and examine all avenues for achieving a more positive resolution. We investigate the offense to identify evidence in your favor and build a robust defense to improve the chances of a favorable outcome for you.

Luzerne County Simple Assault Lawyer | Simple Assault Defense Attorney Kingston, PA

Simple Assault Defense Attorney in Kingston, PA, Defends Clients Against Assault Charges in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania

Simple assault charges may not be as severe as felony offenses, but underestimating this form of legal trouble may be a big mistake. Putting up a strong defense against charges of simple assault is critical for achieving a more favorable outcome in your case. A skilled Luzerne County simple assault lawyer at Muckler Law, LLC/ can help you defend against charges of simple assault and other violent crimes.

Get your questions answered by an experienced legal professional. Contact us today for your free consultation.

Facing Simple Assault Charges in Luzerne County, PA?

Why should you hire an experienced simple assault defense attorney in Kingston, PA? Simple assault is a criminal matter, and attaining the most positive outcome possible for your situation means bringing on professional legal assistance.

At Muckler Law, LLC, founder and lead attorney Matthew T. Muckler draws on his 15+ years of experience as both a criminal defense attorney and former Luzerne County assistant district attorney to build a robust defense and fight for the most favorable outcome for your unique situation.

Where Our Luzerne County Simple Assault Lawyer Can Assist You

From our office location on Market Street in Kingston, PA, we assist clients throughout Luzerne County and the surrounding areas, including:

Hazleton
Nanticoke
Pittston
Wilkes-Barre
Kingston
Hanover Township
Plains Township
Hazle Township
Butler Township
Dallas Township
Kingston Township
Plymouth
Exeter
Wright Township
Newport Township
Swoyersville

We know that the incidents that lead to simple assault charges can occur in all kinds of environments. No matter where in Northeastern PA you were charged with this crime, we’re prepared to hear your side of the story with empathy and understanding and help you defend against the simple assault charges you’re facing.

What Constitutes Simple Assault in Luzerne County, PA?

Even if you have been criminally charged with simple assault, you may not completely understand what this offense entails.

Under Pennsylvania law (18 Pa. C.S.A.2701), the crime of simple assault may encompass any of the following actions:

Intentionally or knowingly causing bodily injury to someone else
Recklessly causing someone bodily injury
Negligently causing bodily injury with the use of a deadly weapon
Attempting by physical menace to cause someone else to fear imminent bodily injury, even if no physical harm was inflicted
Using a concealed hypodermic needle to penetrate the skin of a law enforcement officer or correctional facility worker during an arrest or a search of the individual’s person

A Luzerne County simple assault lawyer can help you understand the charges you’re facing and the prosecution’s against you.

Is Simple Assault a Felony in Luzerne County, Pennsylvania?

In Pennsylvania, simple assault is generally charged as a misdemeanor, a crime that is less severe and carries less serious criminal penalties than a felony.

Like felony charges, misdemeanor charges can take the form of different grades of severity, the most severe of which are first-degree charges.

Misdemeanors in PA may be charged as any of the following:

First-degree simple assault charges: The most severe simple assault charges are those committed by a legal adult (age 18 or older) against a child younger than 12 years of age.
Second-degree simple assault charges: Most instances of simple assault in PA are considered second-degree misdemeanors. The exception is when they meet the criteria for first-degree charges (above) or third-degree charges (below).
Third-degree simple assault charges: When the assault occurs in the course of a fight or scuffle that both parties consent to engage in, it constitutes a less serious third-degree charge.

A misdemeanor is often thought of as a minor charge in comparison to a felony, but make no mistake: this charge represents a violent criminal offense and has the potential to affect your life long after you have served any sentences that arise out of it.

A conviction for a misdemeanor still goes on your criminal record. A simple assault conviction may show up on background checks you may undergo when you are searching for a job, applying for school, applying to rent a place to live, or applying for a mortgage or other type of loan. If your case is publicized in the news, people in personal and professional relationships with you may be able to find out about it.

Penalties for Simple Assault in Pennsylvania

Although simple assault, in particular, may be charged as a misdemeanor, assault is a form of violent crime. As such, it carries penalties under Pennsylvania law that can be as severe as multiple years of jail time and thousands of dollars in fines.

What Is the Maximum Sentence for Assault in PA?

If you want to know the worst-case scenario for simple assault charges in Pennsylvania, it’s generally a fine of up to $10,000 plus up to five years of prison time.

Suppose the offense of which you’re accused doesn’t amount to the most severe form of simple assault violation. In this case, you’re unlikely to go to jail for anywhere near the five years possible for the most serious first-degree offenses.

If the charge against you is a second-degree offense, as most simple assault violations in PA are, you could still wind up spending two years in jail. You might also face a fine of up to $5,000.

Third-degree simple assault charges that arise out of mutual combat carry a maximum fine of $2,500 in Pennsylvania, but you’re still looking at potential jail time. A simple assault charge in the third degree may result in a prison sentence of up to one year.

In some circumstances, you may be facing additional criminal charges (such as aggravated assault, battery, or terroristic threats) that could expose you to even more severe penalties.

Beating Simple Assault Charges in Luzerne County, Pennsylvania

There are numerous potential defenses for a simple assault charge in PA. Depending on the facts of your case, your attorney may pursue one or more of the following arguments in the defense strategy they develop for you:

False accusations, mistaken identity, and other claims of innocence
Self-defense
Defense of others who are in danger
Provocation of the attack
A lack of intent behind the alleged assault
A lack of bodily injury arising out of the alleged assault
Involuntary intoxication
Insanity

The outcomes your attorney may seek in your case could range from dismissal of the charges against you to a not-guilty trial verdict, a plea bargain for a lesser offense, or less serious sentences.

Contact a Luzerne County Simple Assault Lawyer at Muckler Law, LLC, Today for a Free Consultation

Put your case in the hands of a law firm that offers comprehensive criminal defense services for all forms of Pennsylvania assault crimes, from simple assault to aggravated assault, terroristic threats, and reckless endangerment.

For help from a simple assault defense attorney in Kingston or elsewhere in Luzerne County, PA, contact Muckler Law, LLC, online or call 570-908-4069 today.

Luzerne County Simple Assault Lawyer