Anyone accused of a physical altercation with another person could face assault charges. An assault charge can carry jail time or probation. Simple assault can involve injuring someone in a fight, threatening them or causing injuries through recklessness.
Defendants accused of assault often pay large fines and must cover court costs after a conviction. They also have a violent crime conviction that may show up any time a landlord, employer or educational institution performs a background check.
Assault charges may follow one person going to the hospital to seek treatment after an altercation or strangers contacting local law enforcement out of concern when they witness a fight in progress. Police officers responding to assault reports often have limited information about the situation. They could potentially arrest the wrong party. Sometimes, a person accused of assaulting someone else actually acted to defend themselves.
People have the right to defend themselves
No one should have to submit to physical violence or criminal activity just to participate in public life. When one person utters a credible threat against another, makes unwanted physical contact or intentionally intimidates someone with their body language, the other party involved may feel the need to act in self-defense.
Pennsylvania has relatively strong self-defense statutes. Those who are legally present in a public location do not have an obligation to retreat before using force to protect themselves. They can protect themselves, their property and other people from imminent criminal threats.
Generally speaking, people can respond to allegations of assault and other violent crimes by asserting that they acted in self-defense. They must show that another reasonable person may have feared for their safety in the same situation.
Typically, the person who claims to have acted in self-defense cannot have initiated the conflict by putting their hands on the other person first. The details of the situation, including the relationship between the parties and the interactions before the encounter became physical, may influence the likelihood of successfully claiming to have acted in self-defense.
Reviewing a pending assault charge with a skilled legal team can help defendants understand their options. People who make use of the right to defend themselves or others in public locations may be able to avoid a criminal conviction with the right support in criminal court.
