Legal Question in Criminal Law in Pennsylvania

disorderly conduct / assault battery

If charged with disorderly conduct and plead not guilty, could the DA add more charges. Or if you plead guilty and pay the fine could they add additional charges, like assault?


Asked on 1/14/07, 8:28 pm

1 Answer from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: disorderly conduct / assault battery

The term "adding charges" is not so straight forward. Double jeopardy means that you cannot be tried twice for the same crime. If you have already been found guilty, meaning you entered a guilty plea, and a judge accepted your plea, then they cannot add new charges. However, if you have simply entered a not guilty plea at an arraignment, the DA has several options as far as adding new charges.

In addition, even if you plea guilty to a crime, the DA may be able to rearrest you for new charges if a new fact or occurance is added to the initial complainant. For example, if you shot someone, the bullet was lodged in their chest, and they live, you would be charges with Assault. If you plead guilty to assault, you would get sentenced and the case would be over. However, if three years later the bullet came loose and killed the person, you could be rearrested for murder.

Feel free to email again as this is a fact specific question. Good Luck.

Read more
Answered on 1/14/07, 9:59 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania