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Can I get charges elevated from simple assault to aggravated assault for the person who attacked me?

Philadelphia, PA |

I recently attended a preliminary hearing for a case that involved being assaulted by a guy with a metal bar and he was charged with aggravated assault. It was revealed in court that I met him via Craigslist (erotic services) and the defense claim that our dispute was really about money. I explained to them that he tried to offer me counterfeit money and I declined it and tried to leave. When I try to leave that's when he assaulted me.

Although I told the court that I had to receive 12 staples in my scalp area and 2 sutures in my forehead, the charges wind up being dropped from aggravated assault to simple assault because I forgot to say I went to the hospital after the incident. Is there a way the prosecution can reverse this if I have proof that I did receive medical attention?

Attorney Answers 1


  1. Yes. The charges can be changed. The district attorney can file a motion to have the charges reinstated. It is complicated to do, but it can be done. If the DA loses the motion, they can appeal to the Superior Court, but again, its tough to win.