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Roger
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Category: Criminal Law
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simple assault charges with misdamenor with alchol being involved

Customer Question

simple assault charges with misdamenor with alchol being involved at new years party, my husband had an arguement in regards XXXXX XXXXX over different calibers. of course where we live, new years is brought in with shooting guns. the gun was empty we arrived the neighbors party during the agruement my husband pulled the empty gun and said this is what i had. The guy is telling everyone that he held the gun to the left side of his head, however over 20 people were standing around outside and no witness saw my husband do this.So the other guy filed a complaint at our local please station. I'm concerned as we can not survive with out my husbands income.....my husband was very intoxicated along with the other guy.  my husband doesn't remember holding the gun to the guys head only pulling the gun out of his pocket that was not loaded.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Roger replied 3 years ago.

Simple assault carries a maximum penalty of 2 years if convicted. Here's the law:

 

2701. Simple assault
(a) OFFENSE DEFINED.--A PERSON IS GUILTY OF ASSAULT IF HE:

(1) attempts to cause or intentionally, knowingly or recklessly causes
bodily injury to another;

(2) negligently causes bodily injury to another with a deadly weapon;

(3) attempts by physical menace to put another in fear of imminent
serious bodily injury; or

(4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.

(b) GRADING.--SIMPLE ASSAULT IS A MISDEMEANOR OF THE SECOND DEGREE UNLESS COMMITTED:

(1) in a fight or scuffle entered into by mutual consent, in which case
it is a misdemeanor of the third degree; or

(2) against a child under 12 years of age by an adult 21 years of age
or older, in which case it is a misdemeanor of the first degree.

---Sentence for a M2 is not more than two years confinement.

Customer: replied 3 years ago.

I already understand the law, I did look it up on the internet. This is a case were alchol was involved and a unloaded gun, with the other guy being just as intoxicated and argumentative, and no witness to this. I being the wife at leastXXXXXdid not hear anything of an arguement or nothing. I'm concerned for our income status and that no one saw this or does my husband remember

Expert:  Roger replied 3 years ago.

If no one saw anything, the case against him should not be very strong. In order to convict him of anything, the prosecutor will have to prove beyond a reasonable doubt that he did what he is being accused of.

 

Also, you can testify that you didn't see anything.

 

 

Customer: replied 3 years ago.
So basically your telling me this is a weak case, and probably can be settled out side of court once I get a lawyer involved?
Expert:  Roger replied 3 years ago.
If no one saw anything and if there is no physical evidence of anything occurring, it sounds like a weak case.

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