July 19, 2023 by philacrim Criminal Defense 0 comments

Assault Charges & Weapons Charges: Can You Receive Both?

The right to own a firearm is a right protected by the U.S constitution, but it has its limitations. Using a weapon to inflict bodily harm on purpose to another person amounts to an aggravated assault charge. Other common types of assault include sexual assault and simple assault, whereby you injure someone without a weapon. Both assault charges and weapon charges are serious offenses requiring a reputable attorney’s services. Here’s what you should know about these two charges.

A Background On Assault Charges

Assault charges can either be simple or aggravated. You’ll face an aggravated assault charge if you intentionally harm another person physically. Such charges will also apply when you recklessly cause bodily injury using a deadly weapon.

Unlike aggravated assault, simple assaults usually involve actions that don’t rise to the felony level of aggravated assault. They include acts like bar fights, street fights, sexual assault, and behavior threatening such actions.

If you’re faced with an assault charge, particularly sex assault, working with a reputable Philadelphia assault lawyer increases the chances of beating your case. Such experts offer invaluable help as they can put a strong prosecution case based on defenses like mistaken identity, false accusations, etc.

An Overview Of Weapons Charges

Weapon charges apply if you possess a firearm without a license. You may also face this charge if you use a dangerous weapon or body armor to commit a criminal act. Having a firearm or a deadly weapon in a school is considered a second-degree felony, so you’ll face weapons charges.

Depending on the severity of your offense, you could face up to 20 years in jail. That’s why when faced with such a charge, working with a Philly criminal defense lawyer with experience representing individuals with weapons charges is essential. Undoubtedly, this is the surest way to receive the best outcome in your case.

How Do Assault & Weapon Charges Compare?

Assault charges and weapons charges are different but with some distinct similarities. For instance, when accused of a first-degree felony on both charges, you’ll face up to 20 years in jail. A second-degree felony carries a maximum of 10 years of jail time. This is different from a misdemeanor charge. In assault charges, you’ll face up to 1 year in prison for a third-degree misdemeanor and up to 2 years for a second-degree misdemeanor. As for weapons charges, they carry a maximum of five years imprisonment for misdemeanors of the first degree.

It’s also possible to be accused of both charges. This happens if you use an illegal firearm to cause bodily injury on purpose to another person.