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Assault

Assault Attorney in Lackawanna County

How Pennsylvania Grades Assault Charges & Why It Matters

Pennsylvania law draws a sharp line between simple assault and aggravated assault, and where a charge lands on that spectrum determines everything from bail conditions to prison exposure. Simple assault under 18 Pa.C.S. § 2701 is generally a misdemeanor of the second degree, carrying up to two years in prison. In a mutual-fight scenario, it drops to an M3; when the victim is under 12, it rises to an M1 with up to five years of exposure. Aggravated assault under 18 Pa.C.S. § 2702 is a felony in every grading: F2 carries up to 10 years, while the most serious subsections, including (a)(1), (a)(2), and (a)(9), are graded F1, carrying up to 20 years.

Charge elevation happens quickly. Assaulting a police officer, teacher, judge, correctional officer, or EMS worker in the performance of their duties can trigger aggravated assault even without serious bodily injury, though the grading depends on the level of injury involved. Beyond sentencing, a violent conviction creates a permanent criminal record that touches housing applications, employment background checks, and professional licensing. Assault cases in Lackawanna County typically begin at the Magisterial District Court, where a preliminary hearing tests whether a prima facie case exists. Felony-grade matters that clear that threshold are bound over to the Lackawanna County Court of Common Pleas in Scranton.

Why Clients in Lackawanna County Choose Bernard J. Brown, Attorney at Law

We’ve provided criminal defense representation in Lackawanna County and throughout Pennsylvania for more than 15 years. Attorney Bernie Brown is a board-certified criminal law specialist and a member of the Pennsylvania Association of Criminal Defense Lawyers, a professional commitment that keeps our practice aligned with current legal standards. Across thousands of cases, we’ve handled matters with a success rate of over 90 percent, a track record clients can weigh when choosing who represents them on serious charges.

Accessibility matters when you’re facing a criminal charge. We offer virtual consultations so you can connect with our team regardless of your location or schedule. Clients choose us for experience, integrity, and results, and we work to earn that trust at every stage of a case.

Independent Investigation, Full Trial Readiness

We don’t build a defense from the prosecution’s file. Every case gets its own independent investigation: police reports are reviewed for procedural compliance, evidence collection is scrutinized, and witnesses are contacted. That groundwork shapes how we evaluate charges, negotiate with prosecutors, and prepare for trial. When a strong defense requires going to court, we’re ready, and we challenge the prosecution at every stage of proceedings.

Attorney Bernie Brown holds certifications to conduct defense in death penalty cases in both state and federal courts. This credential reflects the courtroom depth and preparation our clients receive when the stakes are high. Available defenses in Pennsylvania assault cases, depending on the facts, include self-defense and defense of others, mistaken identity, lack of criminal intent, consent or mutual combat, and challenges to how evidence was collected. Our firm’s roots in Pennsylvania criminal defense go back to its founding by Bernie Brown’s grandfather, reflecting a long-standing presence in the state’s legal community.

Experienced Criminal Defense Lawyer Meet Bernard J. Brown
a seasoned criminal defense attorney carrying on a legacy of excellence. With 15 years of courtroom experience—including high-stakes federal and state cases—and unique certifications to handle Capital Death Penalty cases in Pennsylvania and under the Federal Criminal Justice Act, Bernard is prepared to fight vigorously on your behalf.

Why Choose Us?

Legal Advocacy You Can Rely On
  • Trusted Family Legacy of Criminal Defense
  • Available Any Time You Need Us
  • 40 Jury Trials to Verdict; 12 Acquittals
  • Certified Litigation Specialist

Contact Us Today

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At Bernard J. Brown, Attorney at Law, we're always ready to take your call! Give us a call at (570) 676-1553 or fill out the form below to contact one of our team members.

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