Assault and Domestic Violence Lawyer in Wilkes-Barre
Proudly Serving Luzerne, Lackawanna, Monroe, Columbia, Wyoming, Susquehanna, Schuykill, Carbon, Pike, and Wayne Counties
If you or a loved one has been charged with assault or domestic violence, it is important to have an experienced and knowledgeable Luzerne County assault lawyer on your side. Abraham Law has over 20 years of experience, and is dedicated to providing strong representation and advocacy for defendants.
We understand the seriousness of these charges, and we work tirelessly to ensure that our clients’ rights are protected throughout the legal process. From our Luzerne County office, Abraham Law serves people throughout Lackawanna, Monroe, and Columbia counties, and beyond.
Call us at (570) 762-9988 or reach out online today and arrange for a free consultation with our assault and domestic violence lawyer.
Understanding Assault and Domestic Violence Laws in Pennsylvania
In Pennsylvania, "domestic violence" is not a standalone criminal charge. Instead, it is a classification applied to various crimes—most commonly assault—when they occur between "family or household members." This includes spouses, former spouses, persons living as spouses, parents, children, or current/former sexual partners. As your Wilkes-Barre assault lawyer, we carefully analyze how your specific charges are graded under the Pennsylvania Crimes Code.
Simple Assault (18 Pa. C.S. § 2701)
This is the most common charge in domestic disputes. It involves intentionally, knowingly, or recklessly causing "bodily injury" to another, or putting someone in fear of such injury through "physical menace."
- Grading: Typically a second-degree misdemeanor.
- Mutual Consent: If the incident was a fight entered into by both parties, it may be reduced to a third-degree misdemeanor.
Aggravated Assault (18 Pa. C.S. § 2702)
This is a far more serious felony charge. It applies if the state alleges you caused or attempted to cause "serious bodily injury"—injury that creates a substantial risk of death or causes permanent disfigurement. It also applies if a deadly weapon was used or if the alleged victim is a protected official (like a police officer or teacher).
Related Domestic Offenses
Beyond assault, a domestic violence lawyer in Wilkes-Barre often defends against:
- Strangulation (18 Pa. C.S. § 2718): Knowingly or intentionally impeding the breathing or circulation of another. This is often a felony when committed against a family member.
- Harassment (18 Pa. C.S. § 2709): Often charged as a summary offense or misdemeanor for behaviors intended to alarm or annoy.
- Stalking (18 Pa. C.S. § 2709.1): A course of conduct that causes a person to fear bodily injury or emotional distress.
Penalties of Assault Convictions in Luzerne County
The consequences of an assault or domestic violence conviction in Pennsylvania are lifelong. We fight to prevent these outcomes:
- Incarceration: A second-degree misdemeanor (Simple Assault) can lead to 2 years in prison, while a first-degree felony (Aggravated Assault) carries a maximum of 20 years.
- Fines: You may face fines ranging from $2,500 to $25,000 depending on the grading of the offense.
- Loss of Firearm Rights: Under the federal Lautenberg Amendment, a conviction for even a misdemeanor "crime of domestic violence" results in a lifetime ban on possessing firearms.
- Protection From Abuse (PFA) Orders: You may be served with a civil PFA order that can evict you from your home, prevent you from seeing your children, and strip you of your second amendment rights for up to three years.
- Employment and Housing: A record of violence is a major red flag for employers and landlords, often leading to immediate disqualification from jobs or housing opportunities.
Our 20 years of experience in the justice system have given us a strong sense of how to approach plea bargaining if we are in a case where the evidence is stacked against the defendant. The difference can be years in a defendant’s life.
It's important to note that self-defense can be used as an argument against simple or aggravated assault charges if it can be proven that the defendant acted out of fear or necessity.
You can contact Abraham Law by calling (570) 762-9988 or via our online contact form. Free consultations available.
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Our Comprehensive Approach to Assault Defense
At Abraham Law, we do not judge our clients; we defend them. Our methodology is rooted in:
- Early Intervention: We start investigating immediately, often interviewing witnesses and securing surveillance footage before it is deleted.
- Self-Defense Advocacy: If you were defending yourself or your children, we build a "justification" defense to show your actions were legally protected.
- Holistic Strategy: We manage both the criminal charges and any parallel PFA (restraining order) proceedings to ensure a consistent defense across all courtrooms.
- Trial Preparedness: We prepare every case as if it is going to a jury. This aggressive stance often gives us the leverage needed to negotiate better plea deals or dismissals.
Let Our Luzerne County Assault Lawyer Fight for You
If you or someone you know faces assault or domestic violence charges, it's important to get legal advice from an experienced attorney. An experienced lawyer from Abraham Law can help defendants understand the charges against them, and build an effective defense.
The sooner defendants call our office, the sooner we begin investigating, and the sooner we can start the fight to secure their freedom and their reputation.
When we take on a case, we review the police reports, 911 recordings, body camera footage, and any medical records or photographs the prosecution plans to use, and we also look for witnesses or messages that may support your version of events.
For cases arising in Wilkes-Barre or elsewhere in Luzerne County, we take into account how local judges and prosecutors tend to handle similar charges so we can advise you on whether to challenge the charges at trial, negotiate for a reduction, or pursue alternative programs if available.
Working with a domestic violence lawyer in Wilkes-Barre gives you an advocate who knows the local system and is committed to protecting your rights at every hearing.
Call Abraham Law at (570) 762-9988 or contact us online today to set up a free consultation.
