Philadelphia Assault Defense Lawyer
Violent Crime Defense
An arrest or indictment for a crime of violence can place your freedom, your job, your future, and your liberty at grave risk. At Capek Law P.C., we have secured acquittals and reduced sentences and/or charges for clients charged with offenses ranging from misdemeanor assault to first-degree murder across Pennsylvania, New Jersey, and Delaware. Hiring a skilled, calculated, and determined defense lawyer can be the difference between serving a lengthy prison sentence or not.
Whether you are facing a simple assault charge or aggravated assault, a Philadelphia assault defense lawyer at Capek Law P.C. will examine every detail of the allegations against you. As a Philadelphia felony defense attorney, we prepare every case as if it is going to trial.
Violent Crime Charges We Defend
Simple & Aggravated Assault
Pennsylvania separates simple assault from aggravated assault by intent, injury, and who was involved. A single altercation can be charged several different ways.
Criminal Homicide & Murder
From involuntary manslaughter to first-degree murder, homicide charges carry the highest stakes. We scrutinize the forensics, the witnesses, and the theory of intent.
Robbery & Armed Robbery
Taking property by force, or the threat of it, is a felony even without a weapon. Add a gun or an injury and it becomes a first-degree felony. Misidentification is common.
Burglary & Home Invasion
Entering an occupied home is a first-degree felony, and prosecutors often stack it with assault, theft, and conspiracy. We take each charge apart separately.
Kidnapping & False Imprisonment
Often rooted in domestic or custody disputes. We examine the full context and separate criminal conduct from family-court matters that were misread as crimes.
Arson
Arson cases rely on fire science that is frequently contested. We retain independent fire investigators to challenge origin-and-cause conclusions.
Domestic Violence & PFA Violations
Protection orders, firearm surrender, and strict bail conditions can follow before any conviction. We act early to keep the case from snowballing.
Terroristic Threats
The statute is applied broadly to heated arguments, texts, and social media posts. Words taken out of context are not always a crime.
Charges often filed alongside:
resisting arrest, possessing an instrument of crime (PIC), recklessly endangering another person (REAP), criminal conspiracy, intimidation of witnesses, and firearms charges under Pennsylvania’s Uniform Firearms Act (VUFA).
Penalties Under Pennsylvania Law
| Charge | Grade | Maximum prison | Maximum fine |
|---|---|---|---|
| Simple assault (mutual fight or scuffle) | M3 | 1 year | $2,500 |
| Simple assault | M2 | 2 years | $5,000 |
| Terroristic threats | M1 | 5 years | $10,000 |
| Aggravated assault (bodily injury) | F2 | 10 years | $25,000 |
| Aggravated assault (serious bodily injury) | F1 | 20 years | $25,000 |
| Robbery (force, however slight) | F3 | 7 years | $15,000 |
| Robbery (serious bodily injury or threat of it) | F1 | 20 years | $25,000 |
| Burglary — occupied home | F1 | 20 years | $25,000 |
| Kidnapping | F1 | 20 years | $25,000 |
| Voluntary manslaughter | F1 | 20 years | $25,000 |
| Third-degree murder | Murder | 40 years | $50,000 |
| First- and second-degree murder | Murder | Life | — |
Statutory maximums under 18 Pa.C.S. §§ 1102–1104. Grade drives bail, plea offers, and guideline ranges — so we fight to keep every charge at its lowest defensible grade. Prior record, the deadly weapon enhancement, and the sentencing guidelines all affect what a court actually imposes.
What a Conviction Can Mean for Your Life
A violent crime conviction does not end when you walk out of a courtroom. The consequences follow you into every corner of your life, and we build our defense with the full picture in mind.
- Employment — Background checks flag violent offense convictions, closing doors in healthcare, education, security, finance, and government work.
- Firearms — Any felony conviction ends your right to own or carry a firearm under both state and federal law.
- Housing — Landlords and public housing authorities may deny applications based on a violent offense on your record.
- Immigration — For non-citizens, a violent crime conviction is often classified as an aggravated felony — triggering deportation proceedings and barring return to the U.S.
- Family Court — Domestic violence or violent crime history can affect custody, visitation, and parental rights determinations.
- Professional Licenses — Nurses, teachers, contractors, CDL drivers, and other license holders may face board discipline or revocation.
- Probation & Parole Conditions — Even after release, restrictions on movement, associations, and employment can last for years.
- Permanent Record — Unlike many nonviolent convictions, violent felonies generally cannot be expunged or sealed in Pennsylvania.
How We Defend Violent Crime Charges
The Commonwealth has to prove every element of a violent crime charge beyond a reasonable doubt. We test each one.
- Challenging Eyewitness Identification — Eyewitness testimony is notoriously unreliable. We challenge identification procedures, lineup compositions, and suggestive questioning to expose uncertainty.
- Contesting Forensic Evidence — From blood spatter analysis to DNA, forensic science is not infallible. We retain independent experts to review the Commonwealth’s evidence and provide alternative interpretations.
- Self-Defense & Justification — Pennsylvania law recognizes self-defense, defense of others, and defense of dwelling. Where the facts support it, we build a complete justification defense from the first interview.
- Unlawful Search and Seizure — Evidence obtained without a proper warrant or through an unconstitutional stop can be suppressed. Removing key evidence from a case can change the outcome entirely.
- Credibility of Witnesses — We investigate and cross-examine every witness — including cooperators, informants, and alleged victims — for motive, inconsistency, and prior conduct.
- Mental State & Intent — Many violent crime charges require proof of specific intent. We challenge what prosecutors claim you meant to do, and present evidence that the mental state required was not present.
- Plea Strategy & Negotiation — When the evidence is strong, aggressive negotiation for reduced charges or lesser sentences can still produce better outcomes than the Commonwealth’s opening offer.
Paths to Dismissal & Reduced Charges
Not every violent crime case ends in a trial — or a conviction. These are the most common routes we use to get charges dismissed, reduced, or kept off your record.
- 01Prelim
Preliminary Hearing
Who it’s forCases where the proof is thin or the charges are overstated
Possible resultCharges dismissed, or held for court at a lower grade
- 02Habeas
Habeas Corpus Petition
Who it’s forCases held for court on weak evidence
Possible resultCharges dismissed before trial
- 03Suppress
Motion to Suppress
Who it’s forCases built on statements, identifications, or searches
Possible resultKey evidence excluded from trial
- 04ARD
Accelerated Rehabilitative Disposition
Who it’s forEligible first-time, lower-level cases, such as some simple assaults
Possible resultCharges dismissed after supervision; record eligible for expungement
- 05Plea
Negotiated Reduction
Who it’s forCases where the evidence is strong
Possible resultA lower grade, a lesser offense, or a non-violent conviction
Self-defense in Pennsylvania: Under 18 Pa.C.S. § 505 and the castle doctrine, you are presumed to have acted out of reasonable fear when defending yourself inside your home or occupied vehicle, and in some situations you have no duty to retreat elsewhere. Once self-defense is raised, the Commonwealth must disprove it beyond a reasonable doubt.
Federal Charges & Tri-State Cases
Federal violent crime charges. When an offense crosses state lines, involves a federal officer or federal property, or is tied to a carjacking, a bank, or an alleged criminal enterprise, it can be prosecuted in the U.S. District Court for the Eastern District of Pennsylvania. Federal cases mean different prosecutors, the U.S. Sentencing Guidelines, and no parole. If the FBI or ATF is involved, or you have received a target letter, call us immediately.
New Jersey and Delaware. Both of Pennsylvania’s eastern neighbors grade and sentence violent offenses differently. In New Jersey, for example, the No Early Release Act requires many violent-crime sentences to be served at 85% before parole, and Delaware has its own mandatory minimums for violent felonies. Capek Law handles violent crime cases across the tri-state area and will tell you exactly how your state’s rules apply.
After a Violent Crime Arrest: What To Do
- ✓Stay calm and polite. Do not resist, even if you believe the arrest is unfair.
- ✓Say clearly: “I am invoking my right to remain silent, and I want a lawyer.”
- ✓Do not consent to any search of your phone, car, or home.
- ✓Write down everything you remember: times, officers, witnesses, as soon as you can.
- ✓Call a defense attorney before you talk to anyone about the case.
- ✗Explaining, apologizing, or “telling your side” to police.
- ✗Contacting the alleged victim or witnesses, even to apologize. It can lead to new charges and revoked bail.
- ✗Discussing the case on recorded jail calls, texts, or social media.
How a Pennsylvania Violent Crime Case Moves
- 01Step 1
Arrest & preliminary arraignment
Charges are filed and bail is set, often within hours of arrest. We fight for reasonable bail from the start.
- 02Step 2
Preliminary hearing
The Commonwealth must show a prima facie case. We test the evidence and challenge overcharged counts early.
- 03Step 3
Formal arraignment
Charges are formally read in the Court of Common Pleas and a plea is entered. We protect your options.
- 04Step 4
Discovery & pretrial motions
We review forensics, video, and witness statements, and move to suppress illegally obtained evidence.
- 05Step 5
Negotiation or diversion
We pursue dismissal, reduced grades, lesser charges, or ARD where it fits your goals.
- 06Step 6
Trial
If the case doesn’t resolve fairly, we build a full defense, including self-defense, and take it before a judge or jury.
Why Capek Law?
When your future is on the line, you need more than a lawyer who processes cases. You need one who knows the courtrooms, knows the prosecutors, and is willing to take your case all the way.
- Trial-Ready from Day One — We prepare every case as if it will go to trial. That posture changes how prosecutors approach negotiations and what they put on the table.
- Experienced in Serious Charges — We have defended clients facing everything from misdemeanor assault to first-degree murder. No violent crime charge is outside our experience.
- Available When It Matters — Violent crime arrests happen at night and on weekends. We pick up the phone, appear at bail hearings, and are present from the first moment.
The sooner we’re involved, the more options you have. Evidence can be preserved, witnesses can be found, and mistakes can be prevented. Talk to Capek Law today about your violent crime charge; the consultation is free, and everything you tell us stays confidential.
The information on this page is for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Statutes and sentencing guidelines change — consult an attorney for advice about your specific situation.