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Philadelphia Assault Lawyer

An assault charge in Philadelphia can range from a summary offense to a first-degree felony depending on the circumstances. The wrong outcome can mean years in prison, a permanent record, and loss of professional licenses, housing, and employment opportunities. Thomas F. Burke, a former Philadelphia homicide prosecutor, has defended assault cases at every level from misdemeanor charges to felony aggravated assault.

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Pennsylvania Assault Charges — From Simple to Aggravated

Pennsylvania law distinguishes between several categories of assault:
  • Simple assault is graded as a misdemeanor. It typically involves intentionally, knowingly, or recklessly causing bodily injury to another person, or causing fear of imminent serious bodily injury.
  • Aggravated assault is a felony charge. It applies when serious bodily injury occurs, when a deadly weapon is used, or when the victim is a protected class such as a police officer, teacher, or healthcare worker on duty.
  • Recklessly endangering another person (REAP) is a separate misdemeanor charge often filed alongside assault.
  • Terroristic threats is a related charge that doesn't require physical contact — just a threat made with intent to cause fear.

Defenses to Assault Charges

Most assault cases come down to who the jury believes. The prosecution has to prove every element beyond a reasonable doubt, effective defenses can include:
  • Self-defense. Pennsylvania law allows the use of reasonable force to defend yourself or others against an attack. The state has to disprove self-defense beyond a reasonable doubt once it's properly raised.
  • Defense of others. Same standard as self-defense, applied when you intervened to protect someone else.
  • Mutual combat. When both parties willingly entered into a physical altercation, that can change the legal analysis and the available defenses.
  • Lack of intent. Assault requires a specific mental state. Accidental contact, even when injury results, may not meet the legal definition.
  • False accusation. Assault charges are sometimes filed based on uncorroborated witness statements. We investigate witness credibility, motive to fabricate, prior inconsistent statements, and physical evidence that contradicts the accuser's version.
  • Identification issues. In bar fights, group altercations, or incidents involving multiple people, who actually did what is often unclear.

Why Former Prosecutor Experience Matters

Thomas Burke prosecuted assault cases for over a decade before he became a defense attorney. He knows which charges prosecutors are willing to negotiate down, what evidence carries weight at trial, and how to expose weaknesses that less experienced defense attorneys miss.
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Collateral Consequences You Need to Know About

An assault conviction can do more than send you to jail. It can result in:
  • Loss of professional licenses (nursing, teaching, healthcare, security)
  • Loss of firearm rights for felony convictions
  • Immigration consequences for non-citizens
  • Permanent criminal record visible on background checks
  • Civil liability in a separate lawsuit
These consequences are why fighting the charge — even when the prosecution offers a plea — often makes more sense than accepting one.
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What to Do if You've Been Charged with Assault

  • Do not discuss your case with anyone except your attorney.
  • Do not post about the incident on social media.
  • Preserve any text messages, video, or witness contact information that supports your version.
  • Call Thomas F. Burke at (215) 567-1248 for a free consultation.
Assault cases get decided on preparation, credibility, and trial experience. When winning matters most, call an experienced Philadelphia assault lawyer at DiDonato & Burke.
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Schedule your confidential consultation today. Thomas F. Burke will personally evaluate your case and explain how he can help protect your rights and freedom.

Frequently Asked Questions About Assault Charges in Philadelphia

Pennsylvania defines simple and aggravated assault separately. Simple assault can involve causing or attempting to cause bodily injury or placing another person in fear of imminent serious bodily injury under specified circumstances. Aggravated assault generally involves more serious injuries, particular types of conduct, deadly weapons, or certain protected victims.

Yes. Pennsylvania assault law does not require serious physical injury in every case. Certain attempts, threats, or conduct causing bodily injury may support an assault charge depending on the circumstances. The prosecution still must prove the specific elements of the particular assault offense charged.

Self-defense may be relevant when the use of force was legally justified under the circumstances. Whether self-defense applies depends on facts such as who initiated the confrontation, the nature of the perceived threat, the amount of force used, and other circumstances. A defense attorney should evaluate the full sequence of events rather than relying on one isolated allegation.

The alleged victim does not necessarily control whether a criminal prosecution continues. Once police and prosecutors become involved, the government generally decides whether to pursue the case. However, the cooperation, testimony, prior statements, credibility, and availability of witnesses can affect how the prosecution evaluates and attempts to prove the allegations.

Important evidence may include witness statements, surveillance or cellphone video, photographs, medical records, 911 recordings, text messages, social-media communications, police body-camera footage, physical evidence, and testimony about what occurred before and during the incident. Preserving evidence quickly can be important because some records or video may not remain available indefinitely.

It is possible in some cases, but the outcome depends on the evidence and applicable law. Issues involving identification, self-defense, inconsistent witness accounts, injuries, intent, video evidence, and the prosecution’s ability to establish every element can affect the case. No particular reduction or dismissal can be guaranteed.

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