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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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I am charged with harrasment subject other to physical harm

Customer Question

I am charged with harrasment subject other to physical harm 1 18 2709 A1. I plead not guilty. If found guilty what is the penalty and is it considered an assault charge
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Would you suggest having an attorney
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
Section 2709 is an assault-related offense, found in the assault chapter of Title 18.
§ 2709. Harassment.
(a) Offense defined.--A person commits the crime of harassment when, with intent to harass, annoy or alarm another, the person:
(1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
(c) Grading.--
(1) Except as provided under paragraph (3), an offense under subsection (a)(1), (2) or (3) shall constitute a summary offense.
(2) An offense under subsection (a)(4), (5), (6) or (7) shall constitute a misdemeanor of the third degree.
(3) The grading of an offense under subsection (a)(1), (2) or (3) shall be enhanced one degree if the person has previously violated an order issued under 23 Pa.C.S. § 6108 (relating to relief) involving the same victim, family or household member.
So as such it's a summary offense unless you have previously violated an order involving the same victim, at which point it would be a misdemeaonor of the third degree.
A crime is a misdemeanor of the third degree if it so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 1 year, or if it is a crime declared to be a misdemeanor, without specification of degree, with a maximum fine of $2000.
An offense is a summary offense if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 90 days, with a maximum fine of $300.
If you have a clean record, I would suggest getting an attorney. This is still something that can show up on your criminal record, and if there's a good case to fight it, do so. If you already have a blemished record, a win versus a loss is not that big of a difference.
That being said, should certainly contact an attorney in your area that deals with criminal law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
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