Legal Question in Criminal Law in Pennsylvania

False Charge of Simple Assault

What is the name of your state? PA What amount of proof is needed on an simple assault charge, Someone fell and is blaming someone else for pushing him to fall. broken arm and leg. how to prove innocence or guilt, seems to be one mans word against the other. injuries could have happened either way. defendants brother saw this from across street. injured has a drug problem. defendant has priors? tough to figure out


Asked on 10/22/07, 10:18 pm

2 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: False Charge of Simple Assault

Not so tough. Before trial, the DA must give you all of the discovery in the case. You or your lawyer can review the discovery and see the true allegations and see the true priors of the complainant. At trial the defendant is presumed to be innocent, has no burden, and has the right to remain silent. The defendant can also call witnesses to testify. Therefore, the defendant can call his brother to testify and no one will know that the defendant has a criminal record. Also, the lawyer for the defendant gets to cross examine the complainant and accuse him of lying.

The point is, if you want all of these benefits, go to trial and fight.

feel free to email [email protected] for more questions. good luck.

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Answered on 10/22/07, 10:28 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: False Charge of Simple Assault

The burden of proof in a criminal trial is proof beyond a reasonable doubt. That does not mean proof beyond any doubt. There is always room for doubt. It does mean proof to a moral certainty. Obviously witnesses testimony will be important.

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Answered on 10/22/07, 10:43 pm


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