Assault Lawyer Located in Luzerne County
Also Serving Lackawanna, Monroe, Columbia, Wyoming, Susquehanna, Schuykill, Carbon, Pike, and Wayne Counties
If you or a loved one has been charged with assault or domestic violence, it is important to have an experienced and knowledgeable Luzerne County assault lawyer on your side. The Law Office of William I. Abraham has over 20 years of experience, and is dedicated to providing strong representation and advocacy for defendants. We understand the seriousness of these charges, and we work tirelessly to ensure that our clients’ rights are protected throughout the legal process.
From our Luzerne County office, the Law Office of William I. Abraham serves people throughout Lackawanna, Monroe, and Columbia counties, and beyond.
Call us at (570) 762-9988 or reach out online today and arrange for a free consultation.
The Legal Definition of Assault
Assault is a crime that is often confused with battery. But while the two crimes are often charged together, they are distinct from the legal perspective. Assault is defined as the threat of physical harm, while battery is the actual physical contact that results in harm. In other words, assault is the attempt to commit a battery, while battery is the successful completion of a violent act.
This means assault can be committed simply by making verbal threats or gestures that make someone fear for their safety. If a jury concludes a reasonable person would have felt grave fear from a threat, a defendant can be convicted for assault.
Assault can become domestic violence based on the relationship between the victim and the alleged perpetrator. This includes spouses, former spouses, persons related by blood or marriage, persons who share a child in common, persons who have lived together as if they were married, and persons who are, or have been in, a dating relationship.
Domestic violence, because of the intimate nature of the relationship between victim and defendant, can result in more severe charges.
You can contact the Law Office of William I. Abraham by calling (570) 762-9988 or via our online contact form. Free consultations available.
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Penalties for Assault & Domestic Violence in Pennsylvania
If the charge is simple assault, without aggravating circumstances (such as threats made with a gun), the District Attorney’s office will typically opt for misdemeanor charges. However, even a third-degree misdemeanor—the lowest charge on the scale—can still result in one year in prison. A first-degree misdemeanor might result in a jail sentence as long as five years. These are maximum sentences, and whether the maximum is sought can depend on everything from the defendant’s prior record to the negotiating power of the defendant’s legal counsel. Our 20 years of experience in the justice system have given us a strong sense of how to approach plea bargaining if we are in a case where the evidence is stacked against the defendant. The difference can be years in a defendant’s life.
When aggravating circumstances are involved, the assault will likely be charged as a felony. The high end for sentencing in felonies include 20-year prison terms and fines reaching as high as $25,000.
It's important to note that self-defense can be used as an argument against simple or aggravated assault charges, if it can be proven that the defendant acted out of fear or necessity.
