Thousands of people are arrested for assault offenses in Philadelphia and the surrounding counties every year. It is important to hire an experienced Philadelphia assault attorney to fight these very serious charges immediately.
Many aggravated assault cases are won on the legal argument that the type of injury caused does not rise to the high standard set forth by the definition in the statute.
The difference between a conviction for an aggravated assault versus a simple assault can mean the difference between probation and an extensive term of imprisonment. Therefore, if you are arrested for an assault in Philadelphia or Montgomery County, it is imperative to hire a criminal defense attorney who understands the law.
What Is Considered Assault Offenses, Aggravated Assault, and Battery In Philadelphia?
Under Pennsylvania law, a person commits a simple assault when he/she attempts to cause, or intentionally causes bodily injury to another person, or if a person negligently causes bodily injury with a deadly weapon or commits a gun offense.
An aggravated assault in Philadelphia is committed when a person causes, or attempts to cause serious bodily injury to another. There are more nuanced sections of the assault statutes, but these two are the most frequently charged.
“Bodily injury” is defined as impairment of physical condition or substantial pain.
“Serious bodily injury” is bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Individuals can also be charged with an aggravated assault when they merely attempt to cause or cause bodily injury to a member of a protected class. “Members of a protected class” include police officers, teachers, firefighters and parking enforcement officers among many others.
Oftentimes, when police act illegally and “rough up” or abuse private citizens, one of the first things they do is make an arrest for aggravated assault to protect their own actions. Thus, many people have faced felony aggravated assault or battery charges (in addition to being severely beaten) for “getting into a boxer’s stance”, “attempting to bite” an officer trying to investigate a crime, or attempting to swerve their car to an officer, etc.
LinkLaw, LLC uses skilled investigators when necessary to determine the facts and circumstances of each case, and to locate potential witnesses that the police conveniently “overlook.” However, it is not a defendant’s burden to prove himself innocent.
“Oftentimes, an aggravated assault charge can be successfully defended through effective cross examination and persuasive legal argument.” – R. Patrick Link
How You Can Win Assault Offenses In Philadelphia
Oftentimes a person charged with assault is justified in the force they employ due to the fact that they were defending themselves or another against unlawful force. However, when police arrive on the scene, they often make an arrest based on who has the most severe injury.
The law protects individuals who are justified in the use of force and you need an experienced lawyer to convince a judge or jury that you are worthy of that protection. Mr. Link will carefully explain the best course of action to you and will aggressively defend your case in court.
Call LinkLaw, LLC today to schedule a free and confidential consultation to discuss your assault offense case in Philadelphia: 267-858-4774.
