Pittsburgh Assault Lawyer

Pittsburgh Assault Attorney

When facing assault charges, it is only natural to feel concerned about your future. These charges can arise from a simple misunderstanding in Bethel Park or from a mistake made after a night out in Castle Shannon. It is crucial that you reach out to a Pittsburgh assault lawyer who can defend you against these charges and seek reduced sentencing or a complete dismissal of the assault case.

Are you facing an assault charge? When it is your future and your freedom on the line, we can help you take quick and decisive action to protect your interests. Even simple assault charges can lead to serious consequences, but our experienced team can help you fight back and potentially mitigate the penalties you are facing.

In Pennsylvania, an assault is any attempt to harm someone intentionally, knowingly or inadvertently through reckless behavior. In fact, you could face assault charges even if you did not physically hurt another person. The accusation of this type of crime can disrupt your life, but our criminal defense team can help. Led by lawyer Louis Emmi, the team at Louis W. Emmi Attorney at Law will work diligently to build a defense suited to your objectives.

The Complex Consequences Of Simple Or Aggravated Assault

In Pennsylvania, assault charges fall into two different categories: simple assault and aggravated assault. Simple assault is a misdemeanor, but it brings a range of penalties that include a significant amount of time behind bars. These charges can arise from incidents involving:

• Intentionally or recklessly attempting to cause or causing bodily harm to another person
• Causing harm through the negligent use of a deadly weapon
• Using menace to cause another person to fear imminent bodily injury

Aggravated assault arises out of incidents involving serious bodily harm, and it is either a first- or second-degree felony. These charges can follow incidents involving:

• Intentionally or knowingly causing serious bodily harm to another person
• Attempting to cause serious injury with a deadly weapon
• Physically assaulting a public officer or official

This is a very serious crime, and we can provide the serious defense you require. A conviction can change your life, yet we will work diligently to mitigate its potential impact. Our experience in complex criminal defense cases involving alleged violence allows us to identify and develop the right defense plan for you, such as self-defense or provocation.

How Is Serious Bodily Harm Defined in Pittsburgh?

In Pittsburgh assault cases, serious bodily harm is an aggravating factor and can result in harsher punishments than those involved in a simple assault case. Bodily injury is defined by Pennsylvania law as any injury committed against the body that increases the risk of death, causes permanent disfigurement, or impairs the body’s necessary functions. These injuries typically have long-term impacts and include:

• Paralysis
• The loss of a limb
• Scarring
• Injuries to the spinal cord
• Severe burns
• Head and neck injuries
• Severely broken bones
• Severe forms of disfigurement

In recent years, the rate of emergency room visits in the United States for victims of assault has been 4.5 per 1,000 residents. Don’t let your situation become just another statistic. Retain the legal counsel and representation of a compassionate yet competent criminal defense attorney. If you have been accused of assault, the team at Louis W. Emmi Attorney at Law is prepared to listen to your side of the story and seek the reduction or dismissal of your charges.

Louis W. Emmi Attorney at Law Can Defend You Against All Assault Charges

In order to convict you of assault in Pittsburgh, an Allegheny County or Pennsylvania state prosecutor will need to prove their case against you beyond a reasonable doubt. If you have a valid and strong defense strategy, this can make their job extremely difficult. Determining the right avenue of defense for your case is the prime purpose of the attorneys at Louis W. Emmi Attorney at Law. Common defense strategies for assault can include:

• Acting in self-defense. Depending on the circumstances of your case, you may be able to claim self-defense or that you were acting in the defense of others. Keep in mind, however, that this defense can be tricky if there was a firearm at play in the alleged assault. According to one study, only around 1% of those with access to firearms actually use that firearm to defend themselves.
• Suffering the violation of your rights. You are entitled to certain rights under the United States Constitution. These rights include protection from illegal search and seizure as well as the right to remain silent and retain an attorney. If these rights are violated, it could be used as a strong defense.
• Insufficient evidence. If the prosecutor fails to meet their required burden of proof, this is enough to help prove that there is insufficient evidence to convict you of an assault crime.

We at Louis W. Emmi Attorney at Law are ready to review your case, study all of the evidence involved, and ultimately determine how to properly defend you in order to reach the most successful case outcome available.

Common Assault FAQs

What is the difference between Simple Assault and Aggravated Assault in Pittsburgh?

In Pennsylvania, Simple Assault (18 Pa. C.S. § 2701) is typically a misdemeanor involving “bodily injury” (like a cut or bruise). Aggravated Assault (18 Pa. C.S. § 2702) is a felony involving “serious bodily injury”—think broken bones or injuries requiring surgery—or an assault against a protected official like a Pittsburgh Police officer or a teacher.

Where will my assault preliminary hearing be held?

If the incident happened within city limits, your hearing is usually at the Pittsburgh Municipal Court (660 First Avenue). If it occurred in the suburbs like Mt. Lebanon or Upper St. Clair, it will be held at a local Magisterial District Court. This hearing is our first chance to cross-examine witnesses and fight to have felony charges downgraded or dismissed.

Can an assault charge be dropped if the victim doesn’t want to press charges?

In Allegheny County, only the District Attorney has the power to drop charges, not the victim. Even if the other person changes their mind, the DA may still proceed with the case. However, a “non-cooperative witness” can significantly weaken the prosecution’s case, providing us with leverage to negotiate a dismissal.

What is a “Mutual Combat” defense in a Pittsburgh fight?

If you were involved in a “scuffle entered into by mutual consent,” Pennsylvania law allowed the charge to be downgraded to a Misdemeanor of the 3rd Degree (the lowest level). This is a common defense for bar fights in the South Side or North Shore where both parties were willing participants.

Does Pennsylvania have a “Stand Your Ground” law?

Yes. Under 18 Pa. C.S. § 505, you generally have no duty to retreat if you are in your home (Castle Doctrine) or in a place where you have a legal right to be, provided you are not the aggressor and a lethal threat is present. We use this to protect clients who acted in self-defense during an altercation.

What happens if I’m charged with Domestic Violence in Allegheny County?

Pennsylvania doesn’t have a separate “Domestic Violence” statute; instead, you are charged with Simple or Aggravated Assault. However, the court often imposes a “No Contact” order as a condition of bail, which can legally bar you from your own home. We can petition the court to modify these orders so you can return home or see your children while the case is pending.

What is the “Sentencing Matrix” for an Aggravated Assault conviction?

Allegheny County judges use a grid that factors in the Offense Gravity Score (OGS)—which is very high for felonies—and your prior record. Felony assault convictions can carry mandatory minimums or lead to state prison time (SCI). Our goal is to argue for “mitigating factors” to keep you in the standard or mitigated range, avoiding the harshest penalties.

Can I get the ARD program for a Simple Assault charge?

The Accelerated Rehabilitative Disposition (ARD) program is sometimes available for first-time, non-violent offenders in Allegheny County. While it’s most common for DUIs, we can advocate for your entry into ARD for a minor assault charge, which would allow the charges to be expunged upon successful completion.

How do “Protection From Abuse” (PFA) orders affect my criminal case?

A PFA is a civil order, but violating it is a criminal offense (Indirect Criminal Contempt). If you have a pending assault case and a PFA at the same time, anything you say in the PFA hearing at the Family Law Center on Ross Street can be used against you in your criminal trial at the Courthouse. We represent clients in both to ensure their stories remain consistent.

Can I get my assault record expunged in Pittsburgh?

If your charges are dismissed at the preliminary hearing or if you are found “Not Guilty” at trial in the Court of Common Pleas, you are eligible for an expungement. We file these motions through the Department of Court Records (Criminal Division) to ensure that the arrest record is permanently wiped from the public UJS portal.

You Do Not Have To Wait To Build Your Defense: Hire an Assault Lawyer Today

You can start building your defense today, even if you are not yet formally charged. Through a complete evaluation of your case, we can explain your options. You can call our Pittsburgh office at 412-341-8477 or contact us for a free consultation.