Pistol Whipping: Assault Or Gun Charge?
For most, breaking the law is a relatively straightforward thing. For example, if you’re driving over the speed limit, you’re speeding. But there are other situations where the law being broken might not be so clear. Additionally, some cases might present multiple broken laws where multiple charges can be applied. Take, for example, pistol-whipping. Is it a gun charge or an assault charge?
Firstly, What Is Pistol-Whipping?
Not all gun violence comes in the form of shootings. Guns can be wielded as a sort of melee weapon instead. Pistol-whipping involves using the butt or the sides of the gun as a blunt weapon, often hitting the head of the victim to stun them or to knock them out. It’s easy to see why one might be confused as to what charges might be brought up in this situation, which is why it’s important to evaluate it further.
What Type of Charges Might Be Filed in a Situation Involving Pistol-Whipping?
The first thing to address is the potential gun charges that might be filed as a result of having a firearm involved in the incident.
Did you have a firearm on you that you did not have a permit for? If so, you’re likely looking at a third-degree felony. Simply having a firearm on you that you don’t have a permit for is already a first-degree misdemeanor. However, when you commit another criminal offense on top of not having a permit for your weapon, you elevate it to a third-degree felony, for which you could face up to seven years in jail and/or a fine of up to $15,000.
But what about charges related to the actual crime itself? Unfortunately, adding the gun to the situation only puts you in a more difficult situation. Pistol-whipping someone can result in a charge of aggravated battery with a deadly weapon. Aggravated battery involves doing something like hitting someone, which is a misdemeanor at most. However, when you hit someone with a deadly weapon, you can be looking at a first or third-degree felony.
As you can see from the above, multiple charges may accompany your use of a weapon in an illegal manner, which can make things complex for those looking to understand how it might affect them.
What Do I Do Moving Forward? Brennan Law Offices Is Here to Help
So, you are concerned about what charges might accompany pistol-whipping someone else. What’s next? Here are a few steps to take:
- Look for the best criminal defense lawyer in Philadelphia that you can find. They’ll evaluate your case and let you know what to expect, what to do moving forward, and how they’ll work with you to defend you in the future.
- Be honest about everything with your lawyer, and be careful what you say to law enforcement. Lawyers are unable to give you the best possible support and leverage their years of experience if there’s something you’re hiding that could come up in a court of law later. Always be straightforward and give them the full scope of the crime and the circumstances surrounding it.
- Are you someone who’s looking for support to get your records expunged? Let’s face it; everyone makes mistakes. Unfortunately, pistol-whipping can have repercussions that affect you long after the incident itself. See if, instead, you can find the best expungement lawyers in Philadelphia to work with who can help you get back to the life that you wish to lead.
Whether you need expungement support or a criminal defense lawyer, we here at Brennan Law Offices are ready to defend you. Contact us to schedule a meeting with one of our attorneys now!
