Domestic Assault Crimes in Mercer

In the Mercer area, assault incidents are a major component of domestic violence cases. According to the Pennsylvania Office of Criminal Justice Services, a staggering 94.9% of domestic violence offenses in 2015 were assaults. Assault charges are common in domestic disputes because the law does not require actual physical harm to have occurred. Even without physical contact, an individual can still face assault charges. As defined by the Pennsylvania Revised Code § 2919.25, domestic violence can be charged when someone:

• Knowingly causes or attempts to cause physical harm to a family or household member.
• Recklessly causes serious physical harm to a family or household member.
• Threatens a family or household member, causing them to fear imminent physical harm.

In Pennsylvania, assault related to domestic violence is categorized into three main types.

Assault in Mercer

Under Pennsylvania Revised Code § 2903.13, a person commits assault if they:

• Knowingly cause or attempt to cause physical harm to another person or their unborn child.
• Recklessly causing serious physical harm to another person or their unborn child.

The law, specifically Pennsylvania Revised Code § 2901.01(A)(4), defines “physical harm” as any injury or illness, regardless of its severity. This offense is often called “simple assault” and is a misdemeanor, which can lead to up to six months in jail and/or a fine of up to $1,000. It is crucial to have a knowledgeable Mercer criminal lawyer to navigate these charges.

Aggravated Assault in Mercer

Aggravated assault is defined by Pennsylvania Revised Code § 2903.12. It occurs when a person, acting under a sudden passion or in a fit of rage, knowingly:

• Causes serious physical harm to another person or their unborn child.
• Causes or attempts to cause physical harm to another person or their unborn child with a deadly weapon.

According to Pennsylvania Revised Code § 2923.11, “dangerous ordnance” includes a wide range of items, such as:

• Automatic firearms, sawed-off firearms, or zip-guns.
• Explosive devices and incendiary substances like nitroglycerin or TNT.
• Military-grade weapons like rocket launchers, grenades, and bombs.
• Firearm silencers.
• Any combination of parts designed to create an explosive device.

“Serious physical harm” is detailed in Pennsylvania Revised Code § 2901.01(A)(5) and includes injuries that result in:

• Mental illness requiring hospitalization.
• A substantial risk of death.
• Permanent incapacity or temporary, substantial incapacity.
• Permanent disfigurement or temporary, serious disfigurement.
• Acute pain of a duration that causes substantial suffering.

An aggravated assault conviction is a fourth-degree felony in Pennsylvania, punishable by up to 18 months in prison and/or fines up to $5,000. A Mercer DUI lawyer can offer guidance if other charges are involved.

Felonious Assault in Mercer

A person can be charged with felonious assault under Pennsylvania Revised Code § 2903.11 if they knowingly:

• Cause serious physical harm to another person or their unborn child.
• Cause or attempt to cause physical harm to another person or their unborn child with a deadly weapon or dangerous ordnance.

Additionally, a person who knows they are HIV positive and engages in sexual conduct that could transmit the virus may also face felonious assault charges. Understanding the legal definitions and potential consequences is vital. Legal language can be confusing, but it’s important for the public to grasp how assault is handled in the Pennsylvania justice system. Hiring an experienced Mercer criminal lawyer is a critical step in building a defense.

Understanding Sexual and Domestic Violence Laws in Mercer

Navigating the complexities of sexual and domestic violence laws can be overwhelming. In Mercer, these laws are detailed in Chapter 2907 of the Pennsylvania Revised Code, which covers various forms of sexual misconduct. When these acts are committed against a family or household member, they can be classified as domestic violence.

Here, we break down the legal terminology to explain what constitutes these serious crimes and their penalties.

Harmful Acts Leading to Felonious Assault

• Engaging in sexual activity without disclosing an AIDS-causing virus.
• Taking sexual advantage of someone with a mental incapacity who cannot understand the perpetrator’s AIDS-positive status.
• Engaging in sexual activity with a person under 18 (who is not a spouse).

Committing such an offense is a second-degree felony, which can result in up to eight years in prison and/or a fine of up to $15,000. A skilled Mercer DUI lawyer can help if related charges apply.

Types of Domestic Violence Sex Offenses

These offenses are treated with extreme seriousness and can include the following:

Sexual Imposition in Mercer

Under Pennsylvania law (§ 2907.06), sexual imposition is defined as unlawful sexual contact under specific conditions, including when:

• The perpetrator knows the contact is offensive or is reckless about whether the victim will be offended.
• The victim’s ability to appraise or control the situation is substantially impaired.
• The victim is compelled to submit to sexual contact by duress.
• The victim is between 13 and 15 years old, and the offender is at least 18 and four or more years older.
• A mental health professional convinces a client that sexual contact is for the purpose of treatment.

A first offense is a third-degree misdemeanor, carrying a penalty of up to 60 days in jail and/or a $500 fine. A subsequent offense is a first-degree misdemeanor, with up to six months in jail and/or a $1,000 fine. A Mercer criminal lawyer can provide essential legal advice.

Sexual Battery in Mercer

According to Pennsylvania law (§ 2907.03), sexual battery involves nonconsensual sexual activity under these circumstances:

• The offender uses coercion that would overcome the resistance of a reasonably firm person.
• The victim’s ability to appraise or control their conduct is substantially impaired.
• The offender knows the victim is unaware that the sexual conduct is occurring.
• The victim submits because they believe the offender is their spouse.
• The offender is a parent, guardian, or custodian and uses their position of trust.

These situations highlight the need for a greater understanding of sexual and domestic violence laws. A qualified Mercer DUI lawyer can assist in related legal matters.

Understanding Charges of Sexual Misconduct

The Dynamics of Authority and Abuse

Sexual battery is a significant issue when there is a power imbalance. This abuse can occur when:

• The victim is detained or hospitalized, and the offender has authority over them.
• An educator or school official engages in misconduct with a student.
• An authority figure at a higher education institution abuses a minor in an educational program.
• Coaches, troop leaders, or other supervisors misuse their position with minors.
• Mental health professionals exploit their role for sexual purposes.
• Detention facility employees engage in misconduct with inmates.
• Clergy members abuse their position with minors in their congregation.
• A peace officer engages in sexual misconduct with a minor more than two years younger.

The penalties are severe. Sexual battery is a third-degree felony, with up to five years in prison and/or fines up to $10,000. If the victim is under 13, it becomes a second-degree felony, with up to eight years in prison and/or fines up to $15,000. A Mercer criminal lawyer is indispensable in these cases.

Rape Offenses Defined in Mercer

Under Pennsylvania law (Pennsylvania Revised Code § 2907.02), rape involves sexual activity compelled through:

• Force or threat of force.
• Administering a drug to impair resistance.
• Engaging with a person under 13, regardless of the offender’s knowledge of their age.
• Taking advantage of a person’s impaired ability to consent due to mental or physical condition or age.

Rape is a first-degree felony, punishable by up to 11 years in prison and/or fines up to $20,000. If you are accused, a Mercer DUI lawyer can help you understand all aspects of your case.

Understanding Legal Charges in Mercer

Unlawful Sexual Conduct Charges Explained

In Mercer, sexual activity with a minor is a serious crime under Pennsylvania Revised Code § 2907.04. The law states:

• An adult 18 or older is prohibited from sexual contact with a person between 13 and 16, unless married.
• The adult can be charged if they knew or were reckless about the minor’s age.

Legal Consequences

The penalties depend on the circumstances:

• Typical Cases: A fourth-degree felony, with up to 18 months in prison and a fine up to $5,000.
• Close Age Gaps: If the age difference is less than four years, it’s a first-degree misdemeanor, with up to six months in jail and a $1,000 fine.
• Significant Age Gaps: If the age difference is 10 years or more, it’s a third-degree felony, with up to five years in prison and a $10,000 fine.

Contacting a Mercer criminal lawyer is a proactive step toward a strong defense.

Insights into Domestic Trespassing Offenses

Aggravated trespass in Mercer does not always involve physical harm. Under Pennsylvania Revised Code § 2911.211, it occurs if a person:

• Unlawfully enters a property to commit a misdemeanor.
• Causes another person to believe they will cause them imminent physical harm.

Potential Punishments for Aggravated Trespass

• It is a first-degree misdemeanor.
• Penalties include up to six months in jail and/or a fine up to $1,000.

An experienced Mercer DUI lawyer can provide representation for various misdemeanor charges.

Frequently Asked Questions About Domestic Violence Charges

Q: What are Some Possible Defenses for a Domestic Violence Charge?

A: Several defense strategies can be used in a domestic violence case. Self-defense, as outlined in Pennsylvania Revised Code § 2901.05, is a common claim. Another defense is to argue a lack of intent or insufficient evidence. The defendant and their Mercer criminal lawyer can argue that without enough proof, the charges should be dismissed.

Q: Can Domestic Violence Result in Felony Charges in Pennsylvania?

A: Yes, domestic violence charges can range from misdemeanors to felonies. If the victim was pregnant, or if the defendant has prior convictions, the charges can be elevated to a felony. A seasoned Mercer DUI lawyer understands how to handle these escalations.

Q: What Constitutes Assault, and What are the Different Assault Charges?

A: Pennsylvania law defines three main types of assault relevant to domestic violence: simple assault, felonious assault, and aggravated assault. Assault involves knowingly or recklessly causing or attempting to cause harm. Felonious assault involves a deadly weapon. Aggravated assault has the same elements but occurs “under the influence of sudden passion or in a sudden fit of rage.” A Mercer criminal lawyer can explain these distinctions.

Q: What Penalties Could I Face for Domestic Violence in Terms of Jail or Prison Time?

A: Penalties vary. A standard assault charge might be a first-degree misdemeanor, with up to 180 days in jail. Felonious assault is far more serious, with a potential prison sentence of two to eight years for a second-degree felony. A Mercer DUI lawyer can advise on potential sentences.

Q- Is it Possible to Pursue Custody of My Children Despite Having a Domestic Violence Conviction on My Record?

A: The Supreme Court of Pennsylvania acknowledges that it’s possible to regain custody after a domestic violence conviction, but it presents a significant challenge. An individual and their legal team can argue that the conviction does not define their ability as a parent and that they are committed to the child’s safety. A dedicated Mercer criminal lawyer can assist in these matters.

Q: Do I Require Legal Representation for Domestic Violence Charges?

A: While you are not legally required to hire a Mercer DUI lawyer for domestic violence charges, navigating the legal system alone is incredibly difficult. A domestic violence conviction can have a lasting impact on your future. Seeking help from a legal professional provides crucial support.

Don’t Face Domestic Violence Allegations Alone in Mercer, PA

If you are facing domestic violence charges in Mercer, taking prompt legal action is vital. The Logue Law Group offers a robust defense and is ready to review your case. Contact us at 412.389.0805 for a free, confidential consultation or set up an appointment online. Our team of Mercer DUI lawyers is prepared to answer your questions and help you challenge the accusations.