Domestic Assault

When an argument at home gets particularly tense, sometimes things can turn physical. Sometimes, it's a mistake made in the heat of the moment. Sometimes, it's innocent contact that later becomes exaggerated. Sometimes, no physical altercation occurs, but an accusation does, due to a misunderstanding or due to a spouse trying to win a custody fight or other legal battle.

Philadelphia Domestic Assault Lawyer

Regardless of the specific circumstances behind the domestic assault charges against you, you could be facing severe penalties and civil actions that can completely disrupt your life. A Philadelphia domestic assault lawyer from Alva Foster & Moscow, LLC, though, can take on your case and show the jury the weaknesses in the accusations against you.

We will work to have illegally obtained or otherwise inadmissible evidence suppressed so the charges against you might be reduced or dismissed. We can also represent you during any Protection from Abuse (PFA) hearings that may arise as a result of the accusations.

Call us today at (215) 665-1695 to set up a consultation. We can represent those accused of domestic assault throughout the Philadelphia area, including Delaware County, Bucks County, Montgomery County and Chester County, and throughout Pennsylvania and New Jersey.

Overview of Domestic Assault Under Pennsylvania Law

Defining Domestic Assault Charges in Pennsylvania

Domestic violence involves any one of several acts, including assault, against a member of your household. The accuser could be a spouse, former spouse, person you live with or used to live with, person you share an intimate relationship with, child, parent, current or former sex partner, or other person related by blood or marriage.

Domestic assault is not a charge separate from assault; you are charge with simply assault in criminal court. However, a domestic assault has civil ramifications, such as Protections From Abuse Orders.

Felony vs. Misdemeanor Assault Charges in Philadelphia

The criminal matters against you may involve either misdemeanor assault or felony assault charges. Both are serious.

Misdemeanor assault includes simple assault. Simple assault involves intentionally, knowingly or recklessly causing or attempting to cause bodily injury to another, reckless causing bodily injury with a deadly weapon, or intentionally, by physical menace, putting another person in fear of serious bodily injury.

For simple assault against an adult, you could face up to two years in prison and a $5,000 fine. If the victim was a child younger than 12, punishment could be up to five years in prison and a $10,000 fine.

Aggravated assault is a felony. Aggravated assault involves assault with serious bodily injury or a deadly weapon. If it was merely a weapon, you could face up to 10 years in prison and a fine up to $25,000. If serious bodily injury was involved, the maximum prison time is 20 years and the maximum fine is also $25,000.

PFA Orders in Pennsylvania Domestic Assault Cases

Domestic assault accusations are very likely to be accompanied by a Protection From Abuse Order (PFA). A PFA against you can severely disrupt your life. It will prevent you from going anywhere near the victim, including the victim's home — even if you share that home. You may not be able to go near the victim's work or school. You may be prohibited from possessing a firearm and your child custody rights may be removed.

A PFA will involve a hearing. At the hearing, your Philadelphia domestic violence lawyer can explain to the judge why a PFA is unwarranted, or why you deserve the fewest restrictions possible.

Finding the Best Philadelphia Domestic Assault Attorney

Being accused of domestic violence can be as heartbreaking as it is frightening. Your Philadelphia domestic assault lawyer from Alva Foster & Moscow, LLC will stand by your side the whole time, fighting for you. We can represent you both in the civil matters of a PFA hearing and in criminal court. Call us today at (215) 665-1695 to schedule a consultation.