Why I am being charged with Aggravated Assault or Simple Assault when I was simply defending myself?
Aggravated Assault or Simple Assault
The decision on whether to file charges or not is often left to the discretion of the police officers investigating the assaultive conduct. There are times that police officers will seek guidance from the district attorney’s office and file assault charges based upon the recommendations of the district attorney. In many instances, unless a case is clearly self-defense, the police often file Simple Assault or Aggravated Assault charges against some or all of the participants in the fight. At the scene, officers make initial credibility determinations as to which people or witnesses that the officers believe are being truthful. Officers may not believe that a person actually acted in self-defense, or the police may believe that too much force was used in the assault to legally assert self-defense, and thereby file charges. In other situations, if the officers are simply not sure whether or not self-defense was lawfully applied, many officers and district attorneys adopt an opinion that a jury or judge should hear all the pertinent evidence and then decide whether or not self-defense was appropriate under the circumstances. If you are charged with Simple Assault or Aggravated Assault, you should contact an experienced criminal defense lawyer. State College criminal defense lawyer Jason S. Dunkle offers free consultations.