I have never been in trouble before, am I eligible to participate in a first-time offender program like ARD for my assault charges?

State College First Time Offender Programs and Assault Charges

There is a difference between being eligible under the law and actually being approved for ARD by the judge.  There is no law or rule that legally prohibits a person charged with assault, either Aggravated or Simple Assault, from being approved for ARD.  That does not mean that a district attorney is required to allow ARD if the person has never been in trouble before.  For more information about the ARD consideration process, check out this page.

Factors that the district attorney will consider are whether or not the defendant has a prior criminal record.  How severe were the injuries?  What is the victim’s opinon about ARD?  Did the defendant take any anger management classes to increase the probability that the incident does not occur again?  A prosecutor will also consider the strenghs or weaknesses with a case.  If the district attorney is concerned that the case is weak, ARD is more likely to be offered to avoid taking the case to a trial and losing.  Hiring an experienced criminal defense lawyer with a reputation for successfully fighting cases will help obtain a favorable resolution.

For a free case review, contact State College criminal defense attorney Jason S. Dunkle via email or at (814) 689-9139.