What seriousness of Aggravated assult does it have to be ?

Asked 11 months ago - Philadelphia, PA

My boyfriend is in jail for simple/aggravated assult/and two other things. During the misunderstanding/fight , he only punched me with his fist in my legs repeatedly. I went to the hospital and they said minor hematoma/bruises . this happened 3 weeks ago. the bruises are healed up . but our court case is this week. Can i tell the judge its not as serious as their making it it to be ?

Attorney answers (8)

  1. Robert C. Keller

    Contributor Level 20

    7

    Lawyers agree

    Answered . The key here is for your boyfriend to retain an experienced criminal defense attorney. You can advise the DA your feelings which may have an impact.

  2. Aaron Matthew Tomczak

    Contributor Level 9

    6

    Lawyers agree

    Answered . This based on your short write-up, does not sound like aggravated assault.

    Best,
    Aaron

  3. Jeremy-Evan Alva

    Contributor Level 11

    5

    Lawyers agree

    Answered . You can tell the Judge this, but it will not make much difference. The first phone call you should make is to an experienced defense attorney. The Attorney will be able to contact the District Attorney's Office and try to make arrangements to either reduce the charges or work out a diversionary program for your boyfriend. I do not believe the Government will be willing to throw out the charges (right away), since you did have to receive treatment at the hospital.

  4. Mark Copoulos

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . Your boyfriend needs to retain a private criminal defense attorney. Good luck.

    This response is for informational purposes only and does not constitute legal advice. The response is intended,... more
  5. Robert Patrick Link

    Pro

    Contributor Level 11

    5

    Lawyers agree

    Answered . An aggravated assault requires the actor to cause, or attempt to cause serious bodily injury. Serious bodily injury is defined as bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of any bodily function or organ. Based on what you have described, an aggravated assault is more than questionable in this case.

  6. Deepali Meenu Walters

    Contributor Level 16

    6

    Lawyers agree

    1

    Answered . Don't assume that the public defender is bad. Talk to that person.

    Attorney Meenu Walters - 210-294-2515 - mwalters@lawwalters.com
  7. Raymond George Wigell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . All criminal charges are serious. Criminal cases have as a potential outcome a loss of a person's freedom. Although some convictions are expungeable many are not and thus are part of a person's record for life.
    Your boyfrienf should Consult and retain an experienced criminal defense attorney ASAP.

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be... more
  8. Kevin S. Vander Werff

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . Two things: #1 Your boyfriend need an aggressive criminal defense attorney to assist him. #2 Your opinion matters, but the state is not required to do what you, as a victim, want on the case. (ie: dismiss the case). The state needs to take your version of events/ opinion of the crime into consideration in deciding how aggressive they want to be in prosecuting the case.

    You need to request to speak with the prosecutor on the case, and find out if they have a victim's advocate that works with their office.

    Good Luck.

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