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.
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
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).