Legal Question in Criminal Law in Pennsylvania

expert advice needed! simple assault, and harassment charges

I have been charged with simple assault, and harassment. I got into a

physical altercation with my ex's current girlfriend-what started as a yelling

match, turned into a shoving match, eventually, a fist fight. I've have

attended two mediations, resulting with her ''taking it to trial''. I feel we were

mutually responsible for the altercation. She lives in another state, where she

works as a correctional officer. He and I are litigants in a custody dispute.

she did not file criminal charges until four days after this alleged assault is

said to have taken place. The first time she pushed me, I told her you can

''kiss your career goodbye'', and that is why I believe she waited to file the

complaint. (To concoct a version of the altercation with me as the aggressor).

He is her only witness. The confrontation took place, at my home. She doesn't

even reside in my state, and is now attempting to minimize the part she

played as an active participant in the altercation, because she knows her

career is on the line. my neighbors & family were present, as it was a holiday.

how can I prove the altercation was mutual? Exactly what will the court take

into consideration?


Asked on 10/11/05, 4:13 pm

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: expert advice needed! simple assault, and harassment charges

If you have no prior record you may be eligible for the ARD Program. The problem you face is that if you are convicted you will have problems obtaining employment due to the ever increased use of background checks. If you are not eligible for ARD, then a "mutal combat" defense only would reduce the simple assault to a M3. A self defense would be a complete defense. You need to speak to a lawyer as soon as possible to determine your best strategy. I offer free consultations.

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Answered on 10/11/05, 4:29 pm
Konrad Jarzyna The Law Offices of Cozzi & Jarzyna

Re: expert advice needed! simple assault, and harassment charges

Did you have any hearings on the charges yet? Do you have any prior charges adult/juvenile? We would need to see the complaint and ask you more questions. Feel free to contact us. Consultation is free. We specialize in criminal law. Best of luck!

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Answered on 10/11/05, 4:30 pm


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