Legal Question in Criminal Law in Pennsylvania

Assault, and other things.

Being that Pa. is a commonwealth state if a victim drops the charges of assault, (she went to the hospital) I'm not sure whether he is being charged with simple or aggravated. Can the police officer take over and press those charges himself on behalf of the state?

Two days after this happened they got back together and she intends on dropping charges. After they were back together he threatened to kill his estranged wife but she couldn't press charges as she had no witnessed and his girlfriend and aunt were willing to lie and say he never did threaten her. He is on crack and will send someone else to kill his wife, he won't do it himself. He has a felony from 1990 and is facing retail theft charges, and possibly Food Stamp fraud as the child he was claiming hasn't seen him in6 months. He called his case worker and told him he forgot to call and report it. What should the wife do? If she persues a PFA which she had one on him in 2004 with no witnesses the chances of her getting on are slim, and it will just make him angry and put her life in more danger.

What should she do she has a special needs child with him and doesn't see the child. Should she call the caseworker and tell him/her that he knew he what he was doing all along.


Asked on 8/25/08, 12:23 am

2 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: Assault, and other things.

Firstly, if a victim drops charges of assault, the police can always go forward with charges, irrespective of the victim. And it has nothing at all to do with Pennsylvania being a "Commonwealth" state. As to the other questions, there are far too many questions to unravel in those facts. You should contact a private attorney as soon as possible.

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Answered on 8/25/08, 8:27 am
Soleiman Raie Joel Every & Associates

Re: Assault, and other things.

there are several things that can be done administratively and legally through the court systems (family court, criminal court, domestic violence unit, etc.) that could protect her, and help her get the child back. Please my office for a free consultation. Sal Raie, Esq.

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Answered on 8/25/08, 10:57 am


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