Maximum Sentence, Simple Assault

I was recently arrested for the first time in my life. I was charged with simple assault. What is the maximum sentence I could get?

In Pennsylvania, we have sentencing guidelines. The maximum sentence allowed under law is rarely used. If this is your first arrest, most certainly, you are not going to get the maximum sentence for simple assault, a misdemeanor. The sentencing guidelines use two factors to determine the appropriate sentence: your prior conviction record and the seriousness of your current offense.

In your example, your prior conviction record is zero because you said the arrest was your first. The offense gravity score is low because simple assault is a misdemeanor. Without having more information, assuming you do not ask for a jury trial, and assuming you are actually convicted of simple assault, you should most likely get probation. Also, you may even be eligible for ARD (Accelerated Rehabilitative Disposition), where you would have no conviction.

However, I understand that people think lawyers don't answer their questions directly. The statutory maximum for simple assault is 1-2 years.

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Double Jeopardy, Appeals, and Sentencing.

I was charged with Aggravated Assault, Simple Assault, and Reckless Endangerment. I was found guilty of Simple Assault only, by a jury. I was sentenced to 2-4 years. I am thinking about appealing. If I win on appeal, can I get more time at a new sentencing if I lose again? Also, if I can get more time at sentencing, can you explain the full consequences of winning on appeal? Does double jeopardy apply?

The real question is: when you win on appeal, on what charges, if any, can you be re-tried? And, if you can be re-tried, can you get more time if you lose the second time?

When you win on appeal, three things can be ordered by the Superior Court. You can get a new trial, the case can be thrown out entirely, or you can get a new sentencing. The only time the issues in your question come up, is when you get a new trial.

When you get a new trial on appeal, you must look at why the Aggravated Assault and the Reckless Endangerment were originally dropped. In your example you don't say why you were not convicted of those two charges. If you were found not guilty at your trial of those two charges you can NOT be retried on those charges because it would violate double jeopardy. Since the statutory maximum on Simple assault is two and a half to five years, the most amount of additional time you could be given is an extra six to twelve months. However, the sentencing judge would have to justify why she now thinks the simple assault is worth two and a half to five and not two to four. So, most likely, you would not get more time.

However, if the district attorney withdrew on the other charges, they can re-instate the charges on the new trial, and it would not be a double jeopardy violation (however, they may have speedy trial issues by this point). The statutory maximum on aggravated assault is ten to twenty years, and reckless endangerment is one to two years. This scenario is very unlikely to occur, but it is possible.

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Finger Prints and Photos, Pre-Arrest

Can the police take my finger prints and my photo before they arrest me?

I am not sure the context of your question. I am thinking of two different questions. First, the police have told you they are going to arrest you and that you have to turn yourself in. However, you haven't technically been arrested. The police mention to you that you must have your finger prints and photos done and if you wish you can have that done before you are formally arrested to save time in the process. You can yes or no to this question. I do not think the police can force you to do this before they actually arrest you. In addition, once you are with the police, if you are not free to leave, you may be technically under arrest, so they could take you for prints and photos before you actually get booked. In Philadelphia County, it happens simultaneously; in almost every other county it is a separate process.

The second question of which I am thinking is where you are being investigated, but not yet arrested for anything. You do not have to submit to any finger prints or photos pre-arrest in this scenario. However, the police are certainly allowed to investigate. The police can follow you and take your picture from surveillance. The police can follow you into a restaurant and try to lift your prints from a glass that you abandon on the table.

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Summary Offense

I have a summary offense. Will it show up in a criminal record check? Is it a crime? Can I get it expunged? If I can get it expunged, what are the rules?

Summaries are consider "non-traffic summary offenses." Therefore, they are NOT crimes. However, they DO show up in a criminal record check. Therefore, you should do everything you can to plea not guilty to any summaries. Also, if you have a summary conviction, you should get it expunged as soon as possible.

To get a summary expunged, in general, you must wait five years. The decision on whether to grant this expungement is up to the judge. You do not have a right to get it expunged. Also, there is an exception to the rule if you were charged with a summary and alcohol was the basis of the summary. In that case, you may be able to apply for the expungement before the five years is up.

Also, if you were not convicted of a summary, the summary "arrest" will still appear on a criminal record check. There is no such thing as an "automatic expungement." In many counties the court staff tells people who accept a diversion program that once the program is completed, the arrest will be automatically expunged. This is not true. The arrest will still be there in a criminal record check and you must still get it expunged.

If you took a diversion program, or were found not guilty, you do not have to wait five years. You can get it expunged right away.

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Early Termination of Probation or Parole

I would like to have my probation or parole terminated early. I need help.

I received a sentence of ten years reporting probation for stealing a car and possession with the intent to deliver. At the time of my arrest I was getting high almost everyday. I never really had any real trouble in my life at that point, but the bail in that case was too high for my family to pay, so I stayed in jail for about ninety days until I plead and got the ten years of probation.

The time in jail scared me straight, and I never used again. I have been clean since the date of my arrest.

Its eight years later, I have paid all of my fines and costs, never had a probation violation, graduated from college, and was offered a great job in another state. However, I can't take the job because I have two years of probation remaining. What can I do to take the job?

Your lawyer can file a petition for early termination of probation or parole with the original sentencing judge. A hearing may be granted and at the hearing you can tell the judge about everything you mentioned about and the judge has the power to terminate the probation.

The judge will consider the length of the probation, how much of your probation has passed, your entire prior record, violations, dirty urine, paid fines and costs, what you have been doing with your life, and why you are asking the probation terminated.

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Tow Truck Crimes

I am a tow truck driver. I responded to a scene of an accident on interstate 76 from a police scanner I have in my tow truck. The police officer on the scene ordered me to move a car that had just been in an accident out of the line of traffic and over to the shoulder. I did that. Afterwards, it turned out that it was an avis rent-a-car. Avis appeared on the scene and demanded the car back. I asked for $100 for the service fee for moving the car. Avis said no that they did not authoirze the tow of their car and never made an agreement. I told them the police officer ordered me to do it and now they had to pay for the service. They refused.
I drove the car to my impound lot. They appeared and demanded the car back I told them that they now owed me $400; $300 for the tow to the lot and $100 for the on scene tow. They refused.
Avis called the police and I got arrested for felony theft of the car. How can this be a crime?
You are not guilty of stealing the car. In order to be guilty of stealing the car, you must have the intent to permanently deprive the owner of the car of the car itself. You had no such intent. However, you maybe guilty of theft of services and/or theft by deception of $400, which is a misdemeanor. No one asked you to pull your tow truck over to the side of the road. You had no contract to do that. You put yourself in that position.

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