Legal Question in Criminal Law in Pennsylvania
Misdemenors
I have a first time offense of assault with a deadly weapons charge misdemenor. Will I do time or get probation or can I get the case drop. Or how can I get the case dropped.
1 Answer from Attorneys
Re: Misdemenors
Aggravated assault with a deadly weapon is a SEcond Degree Felony.
Simple Assault with a deadly weapon is a third degree misdemeanor unless the victim is a child under 12, would require neglegent causing of bodily injury (not serious) or put in fear of serious bodily injury.
The Felony 2 ADW would on a first offense give a sentencing guidline of 9-18 to 16 to 32 months and is Boot Camp eligible.
The M3 gets a guidline of restorative sanctions to a sentence of 1 to 2 months.
If a child under 12 was involved it is a mandatory minimum of 5 years.
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