Pittsburgh Lawyers Defend Against Domestic Violence Charges 

Experienced counsel in criminal cases throughout southwestern Pennsylvania 

Domestic violence in Pennsylvania covers certain crimes that are committed against family or household members, sexual partners or people who share biological parenthood. These crimes include knowingly, intentionally or recklessly causing bodily injury or instilling fear of the same. They also include assault, rape, sexually abusing minor children and engaging in a repetitive conduct such as stalking. A domestic violence conviction can have serious legal, personal and professional consequences. If you are facing any such charge, Phil DiLucente & Associates, LLC in Pittsburgh can provide a robust defense to protect your rights and limit the penalties imposed.

Charges and penalties for domestic violence under Pennsylvania law

The designation of a crime as domestic violence relates to who is the complainant. State law gives police broad powers to make an arrest without a warrant based on probable cause that certain offenses have been committed against a family or household member, even though the offense did not take place in the police officer’s presence. These offenses include:

• Simple assault — This is causing bodily injury or attempting to cause injury to another person. Simple assault is a misdemeanor of the third or second degree, punishable by one or two years in jail.
• Aggravated assault — Causing serious bodily injury, using a weapon to inflict harm or committing a sex crime is a felony of the first degree, carrying up to 20 years in prison, or of the second degree, providing for up to 10 years in prison.
• Recklessly endangerment — Engaging in conduct that places another person in danger of death or serious bodily injury is a second degree misdemeanor, carrying up to two years in prison.
• Terroristic threats — Communicating a threat to commit any crime of violence with intent to terrorize another person is typically a misdemeanor of the first degree, punishable by up to five years in prison.
• Strangulation — Knowingly or intentionally impeding another person’s breathing or blood circulation can be a second degree misdemeanor, carrying up to two years in prison, a second-degree felony (up to 10 years) or a first degree felony (up to 20 years).
• Involuntary manslaughter — This is causing the death of another person as a direct result of acting in a reckless or grossly negligent manner, whether or not the act itself was lawful. It can be a second-degree is punishable by up to two years in prison or a first-degree misdemeanor carrying up to five years. 
• Stalking — This is engaging in a course of conduct or repeatedly committing acts toward or communicating with another person under circumstances that show an intent to place them in reasonable fear of bodily injury or to cause substantial emotional distress. A first offense is usually a first degree misdemeanor, allowing for up to five years in jail. A subsequent offense is a third degree felony, drawing up to seven years in prison.

Convictions also carry fines, which can amount to several thousands of dollars. Additionally, courts can order counseling and seize firearms. Parents can also face child custody restrictions.

Pennsylvania courts can issue a Protection From Abuse (PFA) order, which restricts the alleged perpetrator’s contact with the victim or compels them to leave their residence. Violating a PFA can be found to be criminal contempt, carrying up to six months in jail.

Accomplished trial attorneys employ proven strategies for a viable defense

Our lawyers are dedicated to providing effective assistance of counsel in domestic violence cases. Defenses that may be raised include:

• Self-defense — You may have been acting to protect yourself or another person from imminent harm. The force must have been reasonable and proportionate to the threat.
• False allegations —Our thorough investigation might reveal inconsistencies in the complainant’s account.
• Lack of evidence — The prosecution may have insufficient evidence to prove guilt beyond a reasonable doubt for the particular crime alleged. 

We draw on decades of experience to build compelling defenses designed to produce optimal results.

Diversion programs for domestic violence offenders in Pittsburgh

There are various programs, such as the Pittsburgh Domestic Violence Court, available to help first-time offenders avoid harsh penalties. Diversion programs typically require domestic violence counseling, community service and educational sessions. Completion of a diversion program can lead to a dismissal of charges or reduced penalties. 

Contact our Pittsburgh lawyers for a free domestic violence defense consultation 

Phil DiLucente & Associates, LLC in Pittsburgh provides effective defense representation to southwestern Pennsylvania residents accused of domestic violence. To schedule a free consultation, please call 1.800.GET.PHIL or contact us online.