This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Arrest For Battery In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
For example: Paul is arguing with Matt. Paul pulls his fist back to punch Matt in the face, then begins to bring his fist forward. At this instant, it is already assault. However, it is not also a battery until Paul's fist makes contact with Matt.
Battery involves threatening physical contact, even if the contact is non-violent. To be charged with battery, the accused must initiate non-consensual contact. Battery is charged alongside assault under Pennsylvania law is not charged as a separate offense.
Class C Assault The lowest form of assault is considered a Class C Misdemeanor. The highest penalty one can receive for a Class C Misdemeanor assault is a fine that can be no higher than $500.
Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.
This is a second degree felony which carries a sentence of up to 15 years in prison and a fine of $10,000. Aggravated battery is batttery that results in great bodily harm, permanent disfigurement or disability or a battery committed by the use of a deadly weapon.
Battery also differs from assault in that it does not require the victim to be in apprehension of harm. In short, one can have an assault without a battery and a battery without an assault, but in most cases, battery follows an assault. This article shall provide the basic law applicable to assault and battery.
The Main Difference Between Assault and Battery Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.
A conviction for aggravated assault in Pennsylvania can result in a prison sentence of up to 20 years for each count. Even a conviction for simple assault can lead to a prison sentence of up to five years.
Where do I go to file a private criminal complaint? The District Attorney's Private Criminal Complaint Unit is located at 1425 Arch St. 4th Floor, Philadelphia, PA 19102. For more information, please call 215-686-9863.
Criminal complaints are normally first started with the application for a complaint, along with an affidavit by the complainant, which is titled an affidavit of probable cause. The judge examines the statements in the application and affidavit.
More info
If convicted of battery in Philadelphia, you could face severe penalties including fines, probation, community service, and even jail time. If you or someone you know is dealing with assault and battery charges in Philadelphia, reach out to Szanto Law for expert legal representation.In Pennsylvania, Assault and Battery are different offenses and can be charged as a felony or misdemeanor, based on different factors. Read our guide to understand the differences between simple assault, aggravated assault and battery charges in PA and request a consultation today! It usually involves a fight that both parties entered mutually, called "mutual consent", and is charged as a misdemeanor 3 and carries up to one year in prison. If you or someone you know has been arrested in Philadelphia here is what you should expect according to a criminal attorney in PA. Once there is sufficient evidence, the detective will submit an affidavit of probable cause to the District Attorney's Charging Unit. In this post, we'll break down what happens after you've been charged with assault in Philadelphia. 1. Immediate Arrest and Booking. Don't Speak with Police, Call an Experiences Philadelphia Assault Lawyer Immediately.