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  1. #1

    Default Dropping Aggravated Assault Charges

    My question involves criminal law for the state of: Pennsylvania

    My Ex Husband was arrested and charged with two counts of aggravated assault (one a first degree felony and one a second degree felony), and one charge each simple assault and harrassment. He's charged by the state for hitting a volunteer fireman working an active scene, and witnessed by the entire volunteer fire department and my 11 year old son (thats another issue). The victim received stitches for a head wound caused by a flashlight. My ex was "jumped" after the "attack" but did not require hospital care.

    I understand the possibility of charges being dropped or pled down.. but what are the chances that both aggravated assault charges could be dismissed? If he would be convicted, what potentially could be the punishment?

    Thank you for your input.

  2. #2

    Default Re: Dropping Aggravated Assault Charges

    Considering the number of witnesses, and the fact that the person attacked was a firefighter (who, like police officers get EXTRA protection in the form of harsher sentences for those who commit felonies against them while performing their duties), there is about ZERO motivation for the prosecution to consider even offering a deal, much less dropping charges if they feel they have a strong, proveable case. If there is "sketchyness" about what happened, that might help, but firefighters get LOTS of public support, and prosecutors get LOTS of pressure from the public and from superiors to nail those who attack or injure law enforcement officers and firefighters to the wall.

    If he was given the maximum sentences, he'd be facing 20 years in prison for the F1 agg assault, 10 years for the F2 agg assault, 5 years for the M1 simple assault, and 1-5 years for the harassment (depending on what level they charged). When prosecutors get folks looking at 35 year prison sentences, the typical outcome involves at lease SOME prison time.

    He's also likely to have consequences as far as being able to be around his child, since these violent crimes happened in the child's presence.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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  3. #3

    Default Re: Dropping Aggravated Assault Charges

    Thank you. So far, there has been zero reaction as far as his being around the children. We were AT a custody hearing when he was arrested. The judge changed nothing. He picked them up for the normal custody time the day he posted out of jail. Do you feel there might be a difference if he's convicted?

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