Pennsylvania classifies battery as a type of assault. If you have been accused of battery in Montgomery County, PA, you will most likely face simple or aggravated assault charges. A battery defense lawyer in Montgomery County can help you fight these charges and get on with your life.
McKenzie Law Firm, P.C. has a long track record of success. Our founder, David McKenzie, worked for many years as a prosecutor. He knows what you are up against; he understands the tactics the other side might use in an attempt to convict you. With that knowledge and experience, he can build an aggressive defense. Learn more about our expertise in Montgomery County Criminal Law Defense. We offer a free case evaluation and are eager to get started on your case.
For your free consultation, call us at 610-680-7842.
Simple Assault and Aggravated Assault in Pennsylvania
In Pennsylvania, you can face a charge of either simple assault (a misdemeanor) or aggravated assault (a felony). Both charges can carry substantial penalties, the severity of which depend upon the circumstances of the alleged crime. If you face aggravated assault charges, the prosecutor may agree to reduce it to simple assault in exchange for a guilty plea — which may or may not be a good deal, depending upon your unique situation.
Most simple assault charges are second-degree misdemeanors, but there are a few notable exceptions. Simple assaults that stem from fights entered into by mutual consent are third-degree misdemeanors, which carry lesser penalties. However, a simple assault becomes a first-degree misdemeanor (complete with more severe penalties) if the victim is 12 or younger and the alleged perpetrator is 18 or older.
To convict you of simple assault in Pennsylvania, the prosecutor must prove any one or more of the following beyond a reasonable doubt:
- You — either knowingly or recklessly — caused or tried to cause another person to suffer bodily injury.
- You — either knowingly or recklessly — used a deadly weapon to cause bodily injury to another person.
- You used intimidation or menacing tactics to make another person fear for their life or safety.
- You concealed a hypodermic needle and then used it during an arrest or search of your person to penetrate a law enforcement officer, correctional officer, or an employee of a detention center or mental health facility.
Aggravated assault is usually a second-degree felony in Pennsylvania. However, if the victim is a law enforcement officer, firefighter, or correctional officer, it is a first-degree felony, carrying steeper consequences.
If the prosecution can prove beyond a reasonable doubt that you are guilty of one or more of the following, you can be convicted of aggravated assault in Pennsylvania:
- You showed extreme disregard for human life while causing or attempting to cause bodily injury to another person.
- You caused or attempted to cause a law enforcement officer, firefighter, or correctional officer to fear for their life while carrying out the duties of their job.
- You caused or attempted to cause bodily harm to a teacher or school employee while carrying out the duties of their job.
- You incapacitated a government employee using a stun gun or noxious gas while they were carrying out the duties of their job.
A Montgomery County Assault Conviction Comes with Serious Penalties — Our Legal Team Can Help
An assault conviction in Pennsylvania carries potentially severe consequences. Even a third-degree misdemeanor, the lowest-level conviction, could land you in jail for a year. Our legal team works to keep you out of jail and prevent these charges from haunting you for years to come.
The penalties for simple assault vary based on the grade of the conviction:
- First-degree misdemeanor: Up to five years in prison.
- Second-degree misdemeanor: Up to two years in prison.
- Third-degree misdemeanor: Up to one year in prison.
Depending upon whether it is a first- or second-degree felony, an aggravated assault conviction carries these penalties:
- First-degree felony: Up to 20 years in prison.
- Second-degree felony: Up to 10 years in prison.
A battery defense lawyer in Montgomery County from McKenzie Law Firm, P.C., will defend you aggressively against charges of assault or battery in Montgomery County, PA. To find out what we can do for you, call us today for a free consultation: 610-680-7842.
How McKenzie Law Firm, P.C., Defends You Against Assault and Battery Charges in Montgomery County, PA
If you are facing assault or battery charges in Montgomery County, McKenzie Law Firm, P.C. offers an aggressive defense from an attorney who spent years working for the other side as a criminal prosecutor. David McKenzie knows how the prosecution will build a case against you, and he knows how to shut it down.
We will choose a defense based upon the circumstances of your case. We have used a variety of defenses to help clients beat assault and battery charges, including:
- You did not intentionally harm the victim.
- You did not knowingly hurt the other party.
- The other person suffered no bodily injury.
- You were defending yourself when you injured the other party.
- You were provoked into acting out in a physical manner.
- You became intoxicated unknowingly, causing you to lose your inhibitions and sense of judgment.
McKenzie Law Firm, P.C., wants to help you move past these charges, avoid jail time and a permanent criminal record, and get on with your life. For a free case evaluation with a member of our staff, call us today at 610-680-7842.
To See How a Battery Defense Lawyer in Montgomery County Can Help You, Call 610-680-7842 Today
Criminal defense lawyer David McKenzie and the McKenzie Law Firm, P.C. team are eager to get to work for you. With our experience working for the other side, we can anticipate the prosecution’s tactics and help you beat these charges. For a free case evaluation, call us at 610-680-7842.