Facing an assault charge in Philadelphia can be a terrifying experience. Assault charges, whether simple or aggravated, carry severe penalties that can alter your life. If you or a loved one is facing such charges, understanding the legal process ahead is crucial. A skilled criminal defense attorney is essential to guiding you through each step, ensuring your rights are protected and giving you the best chance for a favorable outcome. In this post, we’ll break down what happens after you’ve been charged with assault in Philadelphia.
1. Immediate Arrest and Booking
If the police believe you have committed assault, you will likely be arrested on the spot. You will be transported to a local police station for booking, where your fingerprints and photograph will be taken. During this time, it is essential to remain calm and exercise your right to remain silent. Anything you say during this process could be used against you later in court, so it’s important to avoid making any statements to the police without legal representation.
Your first priority after arrest should be contacting an experienced criminal defense lawyer. At van der Veen, Hartshorn, Levin & Lindheim, we can help protect your rights from the very beginning, ensuring that the police follow proper procedures and advising you on your next steps.
2. Arraignment: Your First Court Appearance
Within a few days of your arrest, you will attend an arraignment. At this hearing, the charges against you will be read aloud, and you will be asked to enter a plea. Most individuals plead “not guilty” at this stage to allow their attorney time to review the evidence and prepare a defense. Your lawyer will advise you on the best course of action based on the specific circumstances of your case.
The judge may also decide whether you will be released on bail or remain in custody until your trial. Bail amounts vary depending on factors such as the severity of the assault charge, your criminal history, and whether you are considered a flight risk. If bail is set too high, your attorney can request a bail reduction or argue for your release on your own recognizance.
3. Preliminary Hearing: Challenging the Evidence
In Pennsylvania, you have the right to a preliminary hearing following your arraignment. During this hearing, the prosecution must present evidence to show that there is enough probable cause to believe that you committed the crime. Your attorney will use this opportunity to challenge the prosecution's evidence, question witnesses, and expose weaknesses in the case against you.
A skilled attorney may be able to get the charges reduced or dismissed if the evidence is insufficient. Even if the case proceeds, your lawyer will gain valuable insight into the prosecution's strategy, which will help in preparing your defense.
4. Discovery: Building Your Defense
During the discovery phase, both sides exchange evidence that will be used in court. This can include witness statements, police reports, surveillance footage, and any other information relevant to the case. Your attorney will scrutinize the prosecution’s evidence, looking for inconsistencies or errors that can be used to your advantage.
In assault cases, the circumstances are often not black and white. There may be mitigating factors such as self-defense or provocation that justify your actions. Your attorney will gather any evidence that supports your defense and work on building a strong case in your favor.
5. Negotiating Plea Deals: Weighing Your Options
Throughout the process, there may be opportunities to negotiate with the prosecution. Depending on the strength of the case against you, your lawyer may recommend considering a plea deal, which involves pleading guilty to a lesser charge in exchange for reduced penalties. This option can be beneficial in situations where the evidence is overwhelmingly against you, or when a lengthy and uncertain trial could lead to more severe consequences.
However, a plea deal is not always the best option. At van der Veen, Hartshorn, Levin & Lindheim, we explore every avenue for dismissal or acquittal before recommending a plea. If a deal is on the table, we will ensure that you fully understand the terms and help you make an informed decision.
6. Trial: Defending Your Case in Court
If your case goes to trial, both the prosecution and defense will present their evidence to a judge or jury. Your attorney will develop a defense strategy tailored to your situation. Common defenses in assault cases include:
- Self-defense: Arguing that you only acted to protect yourself from imminent harm.
- Defense of others: Proving that your actions were intended to defend another person who was in danger.
- Lack of intent: Demonstrating that the assault was accidental and not deliberate.
- Mutual consent: In some cases, both parties may have willingly engaged in the altercation.
Your defense attorney’s job is to create reasonable doubt in the minds of the jury regarding the prosecution’s version of events. By highlighting inconsistencies in the prosecution’s case and presenting compelling evidence, your lawyer can work to secure an acquittal.
7. Sentencing: The Consequences of a Conviction
If you are convicted of assault in Pennsylvania, the penalties can vary significantly based on the nature of the offense. A simple assault conviction, typically a misdemeanor, can result in penalties such as probation, fines, or up to two years in jail. However, aggravated assault, which is a felony, carries much harsher consequences, including lengthy prison sentences of up to 20 years.
During the sentencing phase, your attorney can present mitigating factors to argue for a reduced sentence. These factors could include a lack of prior criminal history, remorse, or other personal circumstances that may influence the judge’s decision. Your attorney’s goal is to secure the most favorable outcome possible, minimizing the impact of the conviction on your life.
8. Possible Outcomes: Acquittal, Conviction, or Dismissal
After the trial concludes, there are several possible outcomes. If you are found not guilty, you will be acquitted of the charges, and the case will be dismissed. An acquittal means you are free to go without further legal consequences. If you are convicted, the judge will determine your sentence based on Pennsylvania law, which could include jail time, probation, or fines.
In some cases, your attorney may succeed in having the charges dismissed during the trial due to lack of evidence or procedural errors. A dismissal can occur at any stage of the process, and your attorney will work diligently to explore this possibility.
Regardless of the outcome, your defense attorney will continue to advocate for your rights throughout the process, ensuring that you receive fair treatment under the law.
Why You Need an Experienced Criminal Defense Attorney
Being charged with assault in Philadelphia is a serious legal matter that can have lasting effects on your life. At van der Veen, Hartshorn, Levin & Lindheim, we understand the complexities of assault cases and how to mount an aggressive defense on your behalf. From the moment of your arrest through the conclusion of your case, we are here to fight for your rights, protect your future, and provide the legal guidance you need.
If you or a loved one is facing assault charges, don’t wait. Contact us today for a free consultation. Our team will review your case, explain your legal options, and help you make informed decisions every step of the way.