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  1. #1
    Join Date
    Nov 2011
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    Default Simple Assault in Pennsylvania

    My question involves criminal law for the state of: Pennsylvania

    My husband was in a fight a little over a month ago. The other party is not pressing charges but the cop said that he was. How long does the state police have to file those charges? He was not arrested that night and we have not received anything regarding it. The state cop also said that he was charging him with public drunkeness but did not do a sobriety test nor a breath test. Is it possible that he can still receive those charges in the mail???

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Simple Assault in Pennsylvania

    The state has a year to file these charges. I can almost guarantee if the police said they were going to file them, they will. He can expect to get the charges in the form of a "notice of preliminary hearing and preliminary arraignment" in the mail. This typically can take a couple of months in many jurisdictions on cases that aren't too pressing.

    It's not the victim's determination as to whether charges are brought. The entity that is injured in a criminal issue is the commonwealth.

  3. #3
    Join Date
    Nov 2011
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    3

    Default Re: Simple Assault in Pennsylvania

    What is the best thing for him to do with our situation? What are the penalties?

  4. #4
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    Sep 2010
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    Default Re: Simple Assault in Pennsylvania

    Contact a lawyer.
    The assault has a potential maximum of $5,000 in fines and 2 years in jail though probation is the likely outcome. If he has a clear record, ARD may be offered that allows him to escape a criminal record if he completes probation.
    The public intox is just a summary offense and is a small fine and (unlikely) up to 30 days in jail.
    The court costs are going to be staggering (could run a couple of thou if he is convicted).

  5. #5
    Join Date
    Nov 2011
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    Default Re: Simple Assault in Pennsylvania

    He has had a prior simple assault charge against him, he was allowed ARD and it is off his record. Could they use that against him? Its been over 7 years since that happened. Are there any possible ways to have the charges reduced? They only took statements from him and the other guy that was involved, they did not talk to me as a witness as well as 2 other people that were there. I did not see who threw the first punch but my husband was also injured in the scuffle. I don't think that anyone else saw who started it. The trooper also did not have any proper ID from my husband since he did not have his wallet with him.

  6. #6
    Join Date
    Sep 2010
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    19,901

    Default Re: Simple Assault in Pennsylvania

    The prior ARD-treated charge can most definitely count against him (at the minimum to keep him from getting ARD this time).
    He needs a lawyer. We can't analyze what happened and what the witnesses might at a distance.

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