There is no single defense that applies to every assault case. The appropriate strategy depends on what happened and what evidence exists.
Depending on the circumstances, questions in an assault case may include:
Was the use of force legally justified?
Self-defense or defense of another person may be relevant when force was used in response to an actual or reasonably perceived threat.
Can the prosecution prove the required intent?
Different assault charges require different levels of intent or culpability. The evidence must support the elements of the specific offense charged.
Does the evidence support the alleged level of injury?
The distinction between bodily injury and serious bodily injury may be important to the grading or nature of the charge.
Are witness accounts reliable and consistent?
Assault cases frequently arise from chaotic situations involving multiple people, heightened emotions, alcohol or rapidly unfolding events. Statements may conflict with one another or with physical or video evidence.
Is there evidence that tells a different story?
Surveillance footage, cellphone videos, photographs, text messages, social media communications, medical records and other evidence may provide important context.
Was the incident a mutual fight?
Pennsylvania law specifically addresses fights or scuffles entered into by mutual consent in the grading of simple assault. Determining how a confrontation began and developed may therefore matter.
Speak With a Central Pennsylvania Assault Defense Attorney
At Dethlefs, Pykosh & Murphy, our criminal defense attorneys represent individuals charged with simple assault, aggravated assault and other criminal offenses throughout Central Pennsylvania.
We serve clients in Dauphin, Cumberland, York, Adams, Franklin, Perry and Lancaster counties, including individuals facing criminal charges in Harrisburg and surrounding communities.
If you have been charged with assault or believe you are under investigation, contact Dethlefs, Pykosh & Murphy to discuss your situation and learn more about your options.
