Sexual Assault Charges in Pennsylvania: What You Need to Know

Being charged with sexual assault is one of the most serious and life-altering accusations a person can face. In Pennsylvania, even a first-time charge can lead to lengthy prison time, sex offender registration, and permanent damage to your reputation and career.

Mark D. Hauser

7/29/20253 min read

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As a criminal defense attorney with over 30 years of experience, I’ve represented clients in high-stakes cases involving sensitive allegations. Whether you believe the charges are false, exaggerated, or based on a misunderstanding, it’s crucial to act fast and understand your legal rights.

🔹 What Constitutes Sexual Assault in Pennsylvania?

Under 18 Pa. C.S. § 3124.1, sexual assault is defined as:

“Engaging in sexual intercourse or deviate sexual intercourse without the other person's consent.”

Unlike rape charges, sexual assault does not require proof of force or threat, only that the other person did not consent.

Other related offenses include:

  • Rape (18 Pa. C.S. § 3121)

  • Indecent Assault (18 Pa. C.S. § 3126)

  • Institutional Sexual Assault (e.g., school, jail)

  • Statutory Sexual Assault (with minors under certain age thresholds)

🔹 Penalties for Sexual Assault

Sexual assault is a second-degree felony in Pennsylvania.

If convicted, you could face:

  • Up to 10 years in prison

  • Fines up to $25,000

  • Mandatory sex offender registration under Megan’s Law

  • Loss of employment, housing, and reputation

  • Restraining orders or civil lawsuits

Aggravating factors (such as victim’s age, use of drugs/alcohol, or repeat offenses) can lead to more serious charges and penalties.

🔹 Common Defenses to Sexual Assault Charges

These cases often come down to credibility and context. A skilled attorney can help build a defense based on:

Consent — the encounter was consensual and non-coercive
False accusations — often due to personal conflicts or regrets
Mistaken identity — especially in cases with no physical evidence
Lack of evidence — no medical report, DNA, or witnesses
Violation of rights — unlawful interrogation, search, or arrest

Sexual assault cases are highly fact-dependent. With the right defense, charges can be dismissed, reduced, or defeated at trial.

🔹 The Stakes Could Not Be Higher

If you’re charged or even under investigation, do not speak to police without an attorney. These cases move fast, and early missteps can hurt your defense.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.

Would you like me to now prepare the final article in this batch:
“How Pennsylvania Handles Armed Robbery Charges: Penalties & Defense Strategies”?

You said:

no you forgot: Can You Be Charged If You Didn't Commit the Crime? Understanding Accomplice Liability

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Thank you — here is the full article for:

Can You Be Charged If You Didn't Commit the Crime? Understanding Accomplice Liability in Pennsylvania

You didn’t commit the crime — but you were there, or maybe knew someone who did. Now you're facing the same charges as the person who actually committed the act. How is that possible?

In Pennsylvania, the legal concept of accomplice liability allows the prosecution to charge someone as if they committed the crime, even if they didn’t physically carry it out. This principle often surprises people — and it can lead to serious felony convictions if not properly defended.

With over 30 years of experience as a criminal defense attorney in Philadelphia and throughout Pennsylvania, I’ve represented many clients caught in this exact situation.

🔹 What Is Accomplice Liability?

Under 18 Pa. C.S. § 306, you can be found guilty of a crime as an accomplice if:

You intend to promote or facilitate the commission of a crime
AND
You aid, agree to aid, or attempt to aid the principal (main offender)

You don’t need to actually commit the crime. You don’t need to be present when it happens. Even minor actions — like helping plan, providing a ride, or acting as a lookout — can lead to the same criminal liability as the main offender.

🔹 Examples of Accomplice Liability

These common scenarios often result in accomplice charges:

  • Driving the getaway car during a robbery

  • Texting updates to someone committing a burglary

  • Encouraging a friend to retaliate against someone

  • Holding someone back during a fight so someone else can attack

  • Providing a gun to someone knowing they intend to use it

Even if you didn’t intend for the full crime to happen, you may still be held responsible if you aided or encouraged it in any way.

🔹 Penalties for Accomplices

If convicted as an accomplice, you face the same penalties as the person who committed the crime, including:

  • Felony charges

  • Jail or prison time

  • Restitution and fines

  • Permanent criminal record

There is no “lesser charge” just because you weren’t the main actor. That’s why a strong defense is critical.

🔹 How Can You Fight Accomplice Charges?

Key defenses in accomplice liability cases include:

Lack of intent — you didn’t intend to help or promote the crime
No knowledge — you didn’t know the crime was going to happen
You withdrew — in some cases, backing out before the crime occurs is a legal defense
You were simply present — being at the scene isn’t enough
Coerced involvement — if you were forced to help, that can be a defense

These cases are fact-sensitive, and prosecutors must prove beyond a reasonable doubt that you knowingly and intentionally helped commit the crime.

Don’t Let Someone Else’s Crime Become Your Conviction

If you're being charged as an accomplice — or even investigated — you need a defense attorney who understands how to separate your actions from those of others.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.