if you have a prior record of dui and simple assault on your record and your charged with another simple assault, and got a terrostic threats, harrassement, what can you expect ,a friend of mine was fighting with his girlfriend and she called the cops
It depends on many things, including the judge and your girlfriend. Where I practice, it would likely be either a few years of probation or a short period of jail followed by probation (if the judge felt you were a real threat to her). Each county is different and in some you could get sentenced harsher. Speak to an attorney regarding the details.
Michael L. Doyle
Use Avvo. To find lawyers in the county where this happened and interview as many as you can find that offer free consultations. Hire the one you are most comfortable with. Without knowing the exact words said, whether they are recorded, and the degree of credibility of the witness / victim, no competent answer can be given here.
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Unfortunately, it is difficult to predict what sentence might be given based upon the facts you have provided. It will largely depend upon the specific facts, evidence, prior record, the county, the judge, and most importantly, whether your friend is found guilty. However, to give you a basic idea of sentencing possibilities I have provided the following statutory guidelines which should be helpful:
Under Section 2706 of the Pennsylvania crimes code: Terroristic Threats is a misdemeanor of the first degree with potential incarceration of up to 5 years and a maximum fine of $10,000.
Under Section 2701: Simple Assault is a misdemeanor of the second degree and can carry potential incarceration of up to 2 years and a maximum fine of $5,000.
Under Section 2709: Harassment can either be charged as a summary offense or a misdemeanor of the third degree depending upon the circumstances. If charged as a summary offense it can carry potential incarceration of up to 90 days or a maximum fine of $300.00. If charged as a misdemeanor of the third degree it can carry potential incarceration of up to 1 year and a maximum fine of $2,500.
Of course, these guidelines are fairly harsh and in most counties your friend would likely expect probation and fines, minimal jail time and probation, or some combination of these. However, he should be aware of these potential penalties and not take the charges against him lightly. It is very important that your friend contact a qualified attorney in the county which he received the charges in order to properly evaluate his case.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. This response is for informational purposes only and does not constitute nor imply an official legal opinion.