Legal Question in Criminal Law in Pennsylvania

Victim of simple assault

I was struck in the face by a man I was in an 8 month relationship. A police officer witnessed the assault and the defendant was immediately arrested. I was told by the arresting officer, that as the victim, if i do not show up to the court date and press charges, that he will subpoena me to court, and issue a warrant for my arrest if I fail to come to court. Is this true? Secondly, I chose not to press charges, however, the defendant has to take 16wks of Anger Management classes. At this point, can this ''sentencing'' be modified or lessened? Lastly, can the NO contact order be lifted if both parties agree? Thank you!


Asked on 8/14/06, 3:01 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Victim of simple assault

Yes, you can be subpoenaed to court, and arrested if you fail to obey the subpoena. Of course, they can't force you to testify, only to appear.

Can the sentence be modified? Theoretically, yes, but it is unlikely. Your "friend" who hit you in the face would have to petition the judge for reconsideration of the sentence, if he is within the time to do that.

I'm not sure what kind of "no contact" order he has. If it is a condition of bond, then it can only be modified by petitioning the court to modify the conditions of bond. If it's a PFA, then you would have to go to court to get the PFA lifted.

A word of advice, though...you don't want to do any of these things. If he hit you once, he'll hit you again. And, the police won't be very responsive when you call them the next time knowing that you did all of these things this time.

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Answered on 8/14/06, 5:03 pm


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