Posts Tagged ‘simple assault attorney Berks County’

ENM Law News: 2008 ICC charge dismissed for lack of service

Thursday, October 19th, 2017

What happens when there is an alleged violation of a civil Protection from Abuse order (PFA)? The alleged violation results in an Indirect Criminal Contempt charge (ICC). This is a criminal charge which can result in a jail sentence of up to 6 months and a $1,000 fine.

A client recently came to us because of a 2008 warrant for Simple Assault and ICC charges in Berks County. Back in 2008 this client was charged with Simple Assault and Terroristic Threats against his girlfriend and violating a PFA which was granted on the girlfriend’s behalf. The client left town without dealing with the charges and warrants were issued for his failure to appear. The client had no dealings with police or issues with the warrants until a couple of months ago when he attempted to update his immigration status and learned about the warrants. He was ineligible for a change in his immigration status while the criminal cases remained on his record so the client hired Berks County criminal law attorney Attorney Nevins to help him.

Attorney Nevins first brought the client into court to address the outstanding warrants. Once that was done, the preliminary hearing for the Simple Assault and Terroristic Threats charges was rescheduled. Attorney Nevins appeared on the client’s behalf and the charges were dismissed because the alleged victim from 2008 did not want to testify. Attorney Nevins then appeared in PFA court to represent the client for the ICC. Attorney Nevins was told that the alleged victim did want to testify for the ICC hearing. Upon reviewing the evidence against his client, Attorney Nevins noted that the client had not been properly served with the PFA back in 2008. Service of the PFA is a necessary element that the Commonwealth must prove before a defendant can be convicted of ICC. Attorney Nevins took this discovery to the Assistant District Attorney assigned to the case and convinced him to withdraw the charge.

Thanks to the hard work and attentiveness of Attorney Nevings, this client was able to leave Reading with no criminal convictions. Attorney Nevins has filed to expunge the criminal charges so that his client can move forward with his attempts to change his immigration status.

If you have a warrant for an old criminal case in Berks County or if you’ve been charged with an ICC charge for violating a PFA, contact our knowledgeable criminal law attorneys at 610-372-5128 or email us at info@enmlaw.com.

ENM Law News: “Not guilty” verdict in Simple Assault case

Wednesday, June 1st, 2016

Attorney Ebner recently represented a client charged with Simple Assault and obtained a “not guilty” verdict for him at a bench trial. This client was facing a possible maximum sentence of two years of incarceration and a $5,000 fine. He was accused of swinging a hammer at the alleged victim. At trial, Attorney Ebner established that the accuser was the relative of the client’s tenant who had been evicted and was supposed to have vacated the residence on the date in question. The client testified credibly that he arrived at the residence intending to begin work on the house and found that the tenant was refusing to leave. He called the police and sat on the porch to await their arrival. The client was holding a hammer and the alleged victim tried to take it from him. A struggle ensued over the hammer and when the client let go of the hammer, the alleged victim fell down to the ground and was injured. Thanks to Attorney Ebner’s representation, the judge found this client “not guilty” of the assault charge.

If you’ve been charged with Simple Assault in Reading, PA, you need a skilled criminal defense attorney to help you get the best possible result. Call us today at 610-372-5128 or email us at info@enmlaw.com so that one of our criminal lawyers can get started on your case.