Legal Question in Family Law in Pennsylvania
what is simple assault
my step daughter has charged me with simple assault, we were arguing and i got in her face, and she punched me in the face with her closed fist, my wife was a witness, this was an unfortunate occurrance, what can i expect when i go to court, and is my wife allowed to tell what she saw.
1 Answer from Attorneys
Re: what is simple assault
My name is Robyn M. Aghen and I am an attorney at Dessen, Moses & Rossitto in Willow Grove, Pennsylvania.
Without knowing the exact charges pending against you and the county, it is hard to explain the possible outcomes in court. Every county in Pennsylvania has its own procedures. Here, in Montgomery County, a preliminary hearing would be held in a District Court. At the hearing, the Commonwealth needs to show that it has enough evidence to go to trial. If they meet that burden, then it is transfered to the county seat, which is Norristown. The defense usually does not put on any evidence at the preliminary hearing.
Once at Norristown, a pretrial conference is held where the Assistant District Attorney may make an offer on the charges. You will have the options of accepting the offer or go to trial. At trial, you can use any witness you want to testify as long as they have first hand knowledge of the events. Also, depending on the charges and actual events, you may be elegible for an alternate predisposition resolution. But without more facts, I cannot be sure.
If you need further information, please feel free to look me up and give me a call.