While state statutes do define domestic violence, Pennsylvania typically prosecutes domestic violence as assault—either simple or aggravated depending on the severity of the incident. But police officers have more leeway when making an arrest in a domestic disturbance, and judges may impose stiffer penalties compared to a non-domestic assault.
If you are facing charges because of alleged domestic violence, a criminal defense lawyer in Montgomery County, PA from McKenzie Law Firm, P.C. can help. We will protect your rights as a defendant and use our extensive resources to keep you out of jail and prevent this incident from affecting your daily life. As a leading Montgomery County Criminal Defense Law Firm, McKenzie Law Firm, P.C. is committed to representing clients with the utmost dedication and professionalism. For a free case evaluation with a member of our team, call us at 610-680-7842.
Domestic Violence Charges in Pennsylvania
These crimes get prosecuted under the label of simple assault or aggravated assault.
However, that does not mean prosecutors or the state treat domestic violence exactly as they treat other assault incidents. The state gives the alleged victim and their safety substantial consideration when setting bail and when delivering sentences.
The penalties for domestic violence in Pennsylvania may range from a fine and anger management counseling to prison. It depends on several factors, including the damage done to the victim and whether the defendant has a history of similar behavior.
Some cases of domestic violence get prosecuted as simple assault. This is a second-degree misdemeanor unless the victim is 12 years old or younger. In this case, it is a first-degree misdemeanor—a more serious charge carrying steeper penalties.
If the prosecution can prove any of the following beyond a reasonable doubt, you could get convicted of simple assault for domestic violence:
- You knowingly or recklessly caused bodily harm to a “family or household member, sexual or intimate partner, or [someone with whom you] share biological parenthood”.
- You negligently caused bodily injury to one of the parties listed above.
- You put one of the parties listed above in fear for their safety using physical menace.
When cases of domestic violence in Pennsylvania are especially severe, they can get prosecuted as aggravated assault, a second-degree felony.
You face a possible conviction of aggravated assault if the prosecution can prove beyond a reasonable doubt that you caused serious bodily injury to a domestic partner or member of your household and, in the process, put them in fear for their life. A domestic violence defense attorney in Montgomery County can defend you against these charges: 610-680-7842.
Penalties for a Domestic Violence Conviction in Pennsylvania
If your domestic violence charge results in a conviction of either simple assault or aggravated assault, you could face severe penalties that include incarceration and a permanent mark on your criminal record.
At McKenzie Law Firm, P.C., our goal is to defend you aggressively, helping you move past these charges and get on with your life.
The maximum penalty for simple assault depends on whether you get convicted of a first-degree or second-degree misdemeanor:
- First-degree misdemeanor: Up to five years in jail.
- Second-degree misdemeanor: Up to two years in jail.
The penalty for an aggravated assault conviction for domestic violence, a second-degree felony, is up to 10 years in prison. Additionally, the penalty includes a felony record that lasts for the rest of your life.
To find out how a domestic violence defense lawyer in Montgomery County, PA from McKenzie Law Firm, P.C. can help you, call us at 610-680-7842.
How a Domestic Violence Defense Lawyer From McKenzie Law Firm, P.C. Can Help
A criminal defense lawyer from McKenzie Law Firm, P.C. can help you move past the assault charges you are facing for domestic violence. The prosecution has the burden of proof to show beyond a reasonable doubt that you are guilty. We will create enough doubt in the prosecution’s case to keep them from meeting their burden.
Depending on the circumstances of your case, we can put forward one or more of the following defenses to domestic violence:
- You did not knowingly hurt the other person.
- You did not intentionally hurt the other person.
- You did not commit any act of violence or threaten any act of violence against the other person.
- Temporary insanity
- You were intoxicated through no choice of your own at the time of the incident.
- You were defending yourself when you injured the other person.
- The other person provoked you into a response.
See how a Montgomery County domestic violence defense lawyer can help you. Call McKenzie Law Firm, P.C. for a free consultation today: 610-680-7842.
Do Not Delay — Call McKenzie Law Firm, P.C. at 610-680-7842 for a Free Case Evaluation
The criminal defense team at McKenzie Law Firm, P.C. wants to help you fight the assault charges you are facing for domestic violence. Our lead attorney, David McKenzie, is a former prosecutor who understands how the other side works and what tactics they may use against you. He fights aggressively for the rights of the accused.
Call for a free consultation today: 610-680-7842.