Tag Archives: Aggravated Assault Lawyer

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No Takebacks: Why You Can’t Just “Drop the Charges” #CriminalDefenseAttorney

No, you Can’t Just “Drop The Charges”. Frank Walker Law

One of the most common misconceptions about our criminal justice system is the concept of individuals “pressing charges.” You see it on tv all the time. Someone is wronged, whether it be they are hit, or they are perceived to be slighted, and they threaten the other person by stating “I’m going to press charges!”  While its true that people can report crime to the police and even fill out private criminal complaints, the decision about whether to proceed with charges or not rests solely with the office of the District Attorney.

The most common time this comes into play is in scenarios involving domestic violence.  An argument gets heated between two romantic partners, and one of the people in the fight calls the police and says the other person is attacking them. Whether its true or not, one or both of the participants gets hauled off to jail and gets charged with assault, aggravated assault, or harassment.  After some time passes, the person who called the cops decides that they no longer wish to pursue charges.  If they were lying, they call to recant what they said.  However, most of the time these people are in for a rude awakening as the District Attorney may continue to pursue the charges.

While it seems unfair, there’s reasons behind this.  First is to avoid potential witness intimidation.  Often when someone recants a police report, its because they’ve been contacted by their attacker and intimidated into retracting their claims.  Next, even if someone lied, that person is unlikely to come forward for fear of prosecution. Making a false report to police officers is a serious crime.   It ends up being a catch 22, where people who file false police charges are forced to double down on their lie to avoid prosecution.

If you find yourself in a situation like the one described above, you need an experienced attorney to successfully resolve the situation.  With the help of an attorney, the District Attorney can be convinced to drop the charges or consider alternative resolutions such as counseling, anger management classes, or some other form of help that will address the underlying issues without ending up with a conviction on your record.  With years of experience dealing with prosecutors and helping clients and their families, Attorney Walker can help. Phone lines are open 24/7, 365 at 412-532-6805 to reach the Pittsburgh office or (304) 712-2089 for the office in Morgantown, West Virginia. Call now to set up a consultation!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

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Aggravating Factors: When a Simple Assault Becomes Something More #Pittsburgh #CriminalLawyer

Pittsburgh Aggravated Assault Lawyer - Frank Walker Law
Pittsburgh Aggravated Assault Lawyer – Frank Walker Law

Sometimes confrontations escalate from beyond mere words to the physical realm.  For obvious reasons, it is against the law to strike and hurt other people on purpose without legal justification.  While many times fights or other physical confrontations may end with a summary charge of harassment or misdemeanor charges for Simple Assault, unfortunately other times you may find yourself facing felony charges of Aggravated Assault.  

The offense of Aggravated Assault, is aptly named because the difference between a Simple Assault and an Aggravated Assault are the, you guessed it, aggravating factors. These are factors that make the offense more serious than just a regular fight or altercation.  Factors that may take a charge from the realm of just a simple assault to an aggravated assault are: the severity of the injury, the identity or age of the person assaulted, and the use of deadly weapons.  Striking, threatening, and attempting to injure cops, judges, firefighters, prison guards and a large array of other public officials while they are doing their job will also result in aggravated assault charges.  

However, the most common way that an individual may receive Aggravated Assault charges instead of Simple Assault charges out of an ordinary situation is when the injury involved is a serious bodily injury.  A serious bodily injury is defined as a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.  At first blush this seems incredibly serious, and it is. But that definition can be stretched to support far less serious injuries at a preliminary hearing, depending on which light the defendant’s conduct is cast and how the injury is played up.

Sometimes even when a serious bodily injury is not sustained, charges of Aggravated Assault may be deemed appropriate by the charging authority depending on the reckless or intentional conduct of the person who was involved in the fight or threats.  In cases where a serious bodily injury was not sustained, it must be shown that the offensive act was performed under circumstances which almost ensured that injury or death will ensure.  This is a similar state of mind as that needed for a murder charge, in fact it is often said that an aggravated assault is a murder in which for some reason death doesn’t occur.

If you or a loved one has gotten into a fight or altercation and ended up receiving criminal charges, there are defenses available to you.  The use of force is justified in cases of self defense where the force was necessary to protect yourself or someone else. The best first step in preparing a competent defense to any criminal charge is to retain a qualified, experienced criminal law attorney.  Attorney Frank Walker is a Nationwide Top 100 Criminal Defense Attorney with experience fighting charges of Simple Assault and Aggravated Assault in Allegheny County and the surrounding counties. With Attorney Walker on your side you can fight the charges, or get them significantly reduced. 

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense, Super Lawyer and qualified as a Pennsylvania Death Penalty Defense Attorney.

If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation following a serious accident or injury.