Assault & Domestic Violence Charges in Philadelphia
Domestic violence is one of the most prevalent criminal offenses in Pennsylvania, impacting individuals across all demographics and backgrounds. It encompasses a wide range of behaviors, including physical violence, threats, stalking, and emotional abuse. According to statistics, domestic violence accounts for approximately 15% of all violent crimes in the United States. In Pennsylvania, nearly one-third of women and one-quarter of men experience violence from an intimate partner at some point in their lives, with nearly 20% of women facing stalking.
Assault &Domestic Violence Allegations Can Turn Your Life Upside Down
Being accused of domestic violence can lead to severe consequences, affecting both your personal and professional life. Often, relationships involved in these allegations are complex, and the line between victim and abuser can be blurred, especially in mutually abusive situations. If you’re facing such charges, it’s critical to have a skilled defense attorney to navigate both the criminal charges and any related civil matters, such as child custody, divorce, or restraining orders.
Charges to Domestic Violence in Pennsylvania
Pennsylvania law does not classify “domestic violence” as a separate offense; instead, it includes various criminal charges where the conduct occurs between individuals in a domestic relationship. Here are some of the charges related to domestic violence, along with their relevant code sections:
Simple Assault (18 Pa.C.S. § 2701)
Intentionally, knowingly, or recklessly causing bodily injury to another person, or attempting to do so. Classified as a misdemeanor, with potential penalties including up to 2 years in prison and fines.
Aggravated Assault (18 Pa.C.S. § 2702)
Causing or attempting to cause serious bodily injury to another person intentionally, knowingly, or recklessly under circumstances showing extreme indifference to human life. This is a felony offense with severe penalties, including up to 20 years in prison, depending on the severity and circumstances of the assault.
Strangulation (18 Pa.C.S. § 2718)
Knowingly or intentionally impeding the breathing or circulation of blood of another person by applying pressure to the throat or neck, or by blocking the nose and mouth. Strangulation can be charged as a misdemeanor or a felony, depending on the relationship between the parties and any prior offenses. Penalties can range from probation to several years in prison.
Recklessly Endangering Another (18 Pa.C.S. § 2705)
Recklessly engaging in conduct that places another person in danger of death or serious bodily injury. This is a misdemeanor offense with potential penalties including up to 2 years in prison.
Harassment (18 Pa.C.S. § 2709)
Engaging in a course of conduct or repeatedly committing acts with intent to harass, annoy, or alarm another person. This can include physical contact, following someone in public, or communicating in a threatening manner. Typically classified as a summary offense or misdemeanor, punishable by up to 1 year in prison and fines.
Terroristic Threats (18 Pa.C.S. § 2706)
Communicating a threat to commit any crime of violence with the intent to terrorize another or cause evacuation of a building. This offense is generally classified as a misdemeanor, but can be elevated to a felony depending on the circumstances, carrying significant fines and potential imprisonment.
Ethnic Intimidation (18 Pa.C.S. § 2710)
Ethnic intimidation is committing a criminal offense, such as assault or vandalism, with malicious intent toward the race, color, religion, or national origin of another person or group. It enhances the underlying crime by adding an element of bias or hatred. Ethnic intimidation is charged one degree higher than the underlying offense, meaning that if the underlying crime is a misdemeanor, ethnic intimidation could elevate it to a felony. Penalties vary based on the severity of the original crime but can include increased fines and extended prison sentences.
Domestic Violence Charges in Pennsylvania
Domestic violence laws in Pennsylvania apply to a range of individuals in various types of relationships. This includes current or former spouses, parents of shared children, current or former intimate partners, and individuals who share a household. The law covers acts of violence, threats, emotional abuse, and other forms of intimidation within these relationships.
What Happens If You Are Arrested for Domestic Violence?
- Initial Arrest: When an alleged victim calls the police about a domestic violence incident, the responding officers are required by law to make an arrest if they believe an act of domestic violence has occurred. The arrest can happen even without physical evidence or witness testimony.
- Prosecution’s Role: Unlike other criminal offenses, the decision to press charges in domestic violence cases is not left to the alleged victim. Instead, the prosecutor will decide whether to file charges based on the evidence collected by law enforcement.
- Preliminary Hearing and Arraignment: After charges are filed, the accused will go through a preliminary hearing to determine if there is enough evidence to proceed to trial. At the arraignment, the accused will be formally charged and must enter a plea.
- Restraining Orders and Protection from Abuse (PFA) Orders: Following an arrest, the alleged victim may request a PFA order, which could restrict the accused from contacting or coming near the victim, their residence, or place of work. Violating a PFA can result in additional criminal charges.
- Trial: If the case goes to trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. Both parties will have the opportunity to present evidence and call witnesses.
Penalties & Consequences of Domestic Violence in Phila
A domestic violence conviction in Pennsylvania can lead to severe penalties, including:
- Imprisonment: Depending on the severity of the offense, jail or prison time can range from a few months to several years.
- Fines: Convictions often come with hefty fines, which can be financially crippling.
- Loss of Parental Rights: A conviction can impact child custody arrangements, potentially leading to supervised visitation or loss of custody rights.
- Professional Consequences: Certain professions, especially those involving children or vulnerable populations, may be off-limits to individuals with a domestic violence conviction.
- Firearm Restrictions: Convicted individuals may be prohibited from owning or possessing firearms.
- Social Stigma: A domestic violence conviction carries a significant social stigma that can affect personal and professional relationships.
Defenses Against Domestic Violence Charges
- Self-Defense: Arguing that any actions taken were in defense of oneself against an immediate threat.
- False Accusations: Demonstrating that the alleged victim has a motive to lie or exaggerate, potentially due to ongoing custody disputes or personal vendettas.
- Lack of Evidence: Challenging the sufficiency and reliability of the prosecution’s evidence.
- Mutual Combat: Showing that both parties were equally involved in the altercation and no single party was the aggressor.
- Procedural Errors: Highlighting any mishandling of evidence, improper arrest procedures, or violations of the defendant’s constitutional rights.
Why Hire a Domestic Violence Lawyer
Navigating the complexities of domestic violence charges requires an experienced lawyer who understands Pennsylvania’s legal landscape. A skilled attorney can:
- Build a Strong Defense: Analyzing the evidence and identifying weaknesses in the prosecution’s case.
- Negotiate Plea Deals: In some cases, it may be beneficial to negotiate a reduced charge or lesser sentence.
- Protect Your Rights: Ensuring all legal procedures are followed and that the accused’s rights are upheld throughout the process.
- Provide Emotional Support: Offering guidance and support during a challenging and stressful time.
How Fienman Defense Can Help
You may fear that your situation is hopeless if you’re facing criminal charges after an arrest and a night in jail. But each and every criminal suspect has important constitutional rights and is considered innocent until proven guilty. Your Philadelphia domestic violence lawyer can defeat your assault or domestic violence charges by demonstrating that you harmed the alleged victim because you reasonably
believed that he or she was going to hurt you.
In other cases, you may not have actually harmed the other person. It may be that the charges are based on a false accusation, and your lawyer can present evidence that the accuser has a tendency for being dishonest. In any case, the prosecutor must show that you committed the crime beyond a reasonable doubt. This is easier said than done and a skilled lawyer by your side can point to the weaknesses and gaps in the prosecution’s evidence against you.
A lawyer can help you obtain the most advantageous outcome possible from your assault or domestic violence charges. At Fienman Defense, we’ve helped hundreds of our clients get their lives back on track after getting charged with a serious crime. If you’re facing criminal charges, call us today at (215) 839-9529 for a free and confidential consultation of your case.
FAQs About Domestic Violence in Pennsylvania
Can the Alleged Victim Drop the Charges in a Domestic Violence Case?
No, once charges are filed, the decision to pursue them lies with the prosecutor, not the alleged victim.
What Should I Do if I am Falsely Accused of Domestic Violence?
Remain calm, do not contact the accuser, and consult with a defense attorney immediately to discuss your options and build your defense.
Can a Domestic ViolenceConviction be Expunged in Pennsylvania?
Expungement is rare for domestic violence convictions, but it may be possible in specific circumstances, such as if the charges were dismissed or if the accused was found not guilty.
What are Protection from Abuse (PFA) Orders?
PFA orders are civil orders that provide protection for victims of domestic violence. They can restrict contact, require the accused to leave a shared residence, and may impact child custody arrangements.
How Can a Domestic Violence Conviction Affect My Firearm Rights?
A domestic violence conviction can lead to a lifetime ban on owning or possessing firearms under federal law.
Accused of Domestic Violence or Assault? Call Fienman Defense
If you are facing domestic violence or related charges, it is essential to act quickly. Contact Fienman Defense at (215) 839-9529 for a free and confidential consultation to discuss your case and learn how we can help you.
Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.
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