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If the defendant did not cause injury despite the choking, then the defense could argue that the defendant likely was not attempting to cause serious bodily injury. We know that a defense is only as good as the evidence surrounding it, and we will. The assault can both be through intentional physical contact, reckless physical contact, an act that would put someone in fear of physical harm, or other menacing threats.
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action.
A simple assault lawyer at fienman defense will work relentlessly on your case to establish the best course of action. The only other way to clear an assault conviction from your criminal record is to request—and be granted—a pardon from the pennsylvania governor. (public affray is a crime involving fighting in public.) Generally, the common law definition is the same in criminal and tort law.