What happens to someone who has been charged with simple assault and has one prior simple assault?

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What happens to someone who has been charged with simple assault and has one prior simple assault?

Asked on March 27, 2012 under Criminal Law, Pennsylvania

Answers:

Dennis Alan Lempert / Law Offices of Dennis Alan Lempert

Answered 9 years ago | Contributor

The answer depends on a number of factors. How long ago was the prior assault? Are you onprobation for the prior assault? Do you have any other prior criminal conviction? Was the prior conviction in the same court?

Basically, it is unlikely that an actual jail sentence will be iimposed.

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

In New York, Assault is categorized in degrees, depending on the intent, severity of injuries, and the weapon used if any.  There is no bump up to a more serious charge for a prior assault charge in New York.  The DA will certainly take into consideration that it is not your first assault charge and adjoust your plea offer accordingly.


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