Common Domestic Violence Charges in Pennsylvania

Domestic violence incidents often involve a range of criminal charges. Here are some of the most common offenses charged in domestic violence cases in Pennsylvania, along with a description of the grading and the nature of the offense:

• Simple Assault – Misdemeanor of the second degree
  Simple Assault involves causing or attempting to cause bodily injury to another person. In a domestic violence context, this could include hitting, pushing, or any act that causes harm or threatens to cause harm.
• Aggravated Assault – Felony of the first or second degree
  Aggravated Assault is a more serious charge and involves intentionally causing or attempting to cause serious bodily injury to another person. In domestic situations, this often arises when there is a weapon involved or the victim suffers significant harm.
• Strangulation – Felony of the second degree
  Pennsylvania law specifically criminalizes strangulation in domestic violence incidents. This offense occurs when someone knowingly or intentionally impedes another person’s breathing or circulation by applying pressure to the throat or neck.
• Recklessly Endangering Another Person (REAP) – Misdemeanor of the second degree
  REAP occurs when someone engages in conduct that places another person in danger of serious bodily injury. In domestic violence cases, this could involve reckless actions like dangerous driving during an altercation or threatening behavior.
• Harassment – Summary offense or Misdemeanor of the third degree
  Harassment in domestic violence cases often involves repeated actions that are intended to annoy, alarm, or emotionally harm the victim, such as persistent phone calls, following, or other intimidating behavior.

These charges carry a range of penalties, including jail time, probation, fines, and mandatory counseling or anger management programs. Additionally, a conviction can result in collateral consequences, such as difficulty securing housing or employment, and limitations on child custody or visitation rights.

There are three types of PFAs under Pennsylvania law:

• Emergency PFA – Issued by a judge when courts are closed, usually in emergency situations.
• Temporary PFA – Issued after a petition is filed, providing protection until a hearing is held.
• Final PFA – Issued after a hearing, this order can last up to three years and may include provisions like no-contact orders, eviction from a shared residence, and child custody arrangements.

Our firm has extensive experience defending clients not only against domestic violence charges but also in fighting PFA orders. PFAs are often sought in emotionally charged situations, and it is crucial to have a skilled attorney who understands the complexities of both the criminal and civil aspects of these cases.

What If the Victim Wants to “Drop” the Charges?

One of the most common questions in domestic violence cases is: What happens if the victim wants to drop the charges?

It’s important to understand that once charges are filed, the victim does not control the case anymore. Domestic violence charges are filed by law enforcement, and the case is prosecuted by the District Attorney’s Office. This means it is entirely up to the prosecutor whether or not to proceed with the case.

In many instances, a victim’s desire to “drop” the charges can be perceived by law enforcement and prosecutors as a sign of ongoing victimization or part of a cycle of violence. The prosecution may view this as further evidence that the victim is being pressured or manipulated into recanting their story, or that they may be in danger if the charges are dismissed. Prosecutors can, and often do, move forward with the case, even if the victim no longer wants to testify, as a means of protecting them from further harm.

In fact, I have seen cases where victims who did not want to testify at trial were arrested on material witness warrants and forced to take the stand to testify about domestic violence incidents. Prosecutors will sometimes take these steps if they believe it is necessary to secure a conviction and protect the victim, regardless of the victim’s current wishes.

If the victim in your case wishes to recant their statements or drop the charges, they should contact the victim witness advocates at the District Attorney’s Office handling the prosecution. These advocates can guide the victim through the process and communicate their wishes to the prosecutor, though it is ultimately up to the District Attorney’s Office whether the case will proceed.

Complexities of Domestic Violence Cases

Domestic violence cases are often highly emotional and complex. They frequently involve he-said-she-said scenarios, where the key issue is determining which version of events is accurate. In many cases, the only evidence available is the testimony of the alleged victim, which can make defending these charges challenging.

Despite this, it is critical to understand that domestic violence charges carry serious criminal penalties. A conviction could result in jail time, significant fines, and mandatory counseling programs. Additionally, the collateral consequences of a conviction, such as losing custody of your children, being evicted from your home, or being barred from certain employment opportunities, can affect your life long after the criminal case is resolved.

Our firm has a deep understanding of the nuances of domestic violence defense. We work tirelessly to gather evidence, interview witnesses, and challenge the prosecution’s case to ensure that your side of the story is heard and that you receive the strongest defense possible.

Why You Need an Experienced Criminal Defense Attorney

When facing domestic violence charges, it is essential to have an attorney who understands the serious nature of these cases and has the experience to handle both the criminal charges and the PFA orders that frequently accompany them. As an experienced criminal defense attorney in State College, Pennsylvania, I am dedicated to protecting your rights and fighting for the best possible outcome in your case.