Posts Tagged ‘Simple Assault in Berks County’

Terroristic Threats & Simple Assault Charges Dismissed

Monday, August 5th, 2013

Attorney Ryan W. McAllister recently represented a woman who was charged with four (4) different offenses, including two (2) misdemeanor offenses of terroristic threats, 18 Pa.C.S.A. 2706(a)(1), and simple assault, 18 Pa.C.S.A. 2701(a)(3). If convicted of either of these two (2) offenses, our client was facing the possibility of jail time, or, at a minimum, several years of probation. Our client absolutely denied the allegations related to these charges, and she believed the alleged victim in the case had a “personal” vendetta against her.

Therefore, attorney McAllister was prepared to a have a preliminary hearing on the matter before the Berks County District Justice. At the hearing, attorney McAllister was successful in cross-examining the alleged victim to reveal inconsistencies in her story, and he even had two (2) witnesses testify on behalf of the defendant.

After hearing the evidence in the case, the District Judge dismissed all four (4) charges against out client. Our client walked out of the courtroom without any jail time, without any probation, and without having to pay any fines and costs. She was very happy with the outcome of her case, and she was very grateful that she had attorney McAllister to assist her through this process.

If you or someone you know has been charged with a criminal offense in Berks County, Pennsylvania, or Reading, PA, please contact us right away at 610-372-5128. It is very important not to waste time when dealing with serious criminal charges, and, as always, one of our experienced criminal defense attorneys will be happy to discuss your case in detail at a no-cost consultation.

Simple Assault Charges Dismissed

Tuesday, June 11th, 2013

Yesterday, Attorney Julie Marburger got charges against a client dismissed at the District Judge level. The client was charged with simple assault, harassment and disorderly conduct. Attorney Marburger got the charges dismissed by the Judge and will expunge the charges so the infraction will not be on the client’s record.

The attorneys at Ebner, Nevins & McAllister have a proven track record of providing excellent representation to individuals charged with every type of criminal offense in Berks County, Pennsylvania. At ENM Law clients have come to expect top notch legal service at a reasonable price in Reading, PA. Call today to schedule a free initial consultation on matters such as Assault, Burglary, Robbery, Domestic Abuse, Drug Charges, Theft, DUI and more in Berks County, Pennsylvania. Protect your rights with aggressive legal representation.

Simple Assault case dismissed in Reading Central Court

Friday, June 15th, 2012

Today I represented a woman charged with Simple Assault for an alleged incident in Reading, Pennsylvania. In Pennsylvania Simple Assault is a misdemeanor of the 2nd degree which carries with it a maximum possible penalty of 2 years in prison and a $5,000 fine. My client had been charged with Section 2701(a)(1) alleging that she attempted to cause or did intentionally, knowingly or recklessly cause bodily injury to the victim.

The case was at the preliminary hearing stage. At this level the Commonwealth is required to establish a “prima facie” case against the defendant. If so, the charges are bound over to the court of common pleas.
In this particular case the District Judge determined that the Commonwealth could not meet their burden of proof and agreed to my request to dismiss the case.

If you are being accused of assault, terroristic threats or harassment in Reading, Pennsylvania you need experienced legal representation. Call our office today for a free initial consultation.

Simple Assault, Public Drunkeness, Disorderly Conduct charges dismissed in Berks County, PA

Friday, September 23rd, 2011

Today I represented a client charged with Simple Assault and related offenses for an alleged incident occurring in Berks County, PA. The case had made it to the Court of Common Pleas level and was set for disposition. My client was otherwise eligible for ARD, but we hoped for an even better result.

I filed an Omnibus Pretrial motion and the matter was set for a hearing. Our position was that the Commonwealth could not establish each of the elements of the offenses. In the end the Judge agreed to dismiss each of the charges and my client walked out of court a free man.

Not Guilty Verdict in Reading PA Harassment Case

Wednesday, September 21st, 2011

Today, I represented a client charged with Harassment in a Summary Appeal case. The allegations stem from an incident occurring in a Berks County college dorm. Both females involved were charged in the assault. My client had represented herself at the hearing before the District Judge and was found guilty. She retained my services for the summary appeal.

Through negotiation with attorneys for the Commonwealth I was able to convince the Prosecution that my client bore no responsibility for the incident. In the end the Assistant District Attorney presented no evidence at the time of the Summary Appeal, and I requested that the Judge enter a verdict of not guilty.

If you are charged in connection with an assault or fight in Berks County you need an experienced lawyer to protect your rights. Call our office today to schedule a free consultation.

Probation in Lancaster, PA Burglary Case

Monday, August 22nd, 2011

Today I was able to secure a probationary sentence for a client originally charged with burglarizing a home in Lancaster County, PA. Fortunately, I was able to negotiate a plea to the lesser offenses of Criminal Trespass and Simple Assault. The original Burglary charge carried with it an offense gravity score (OGS) of 9 due to the fact that a person was present in the home during the commission of the offense. The Criminal Trespass my client pled to has an OGS of 4. The difference between the offenses when it comes to the sentencing guidelines is enormous. Simply put, this client would have been looking at a state sentence starting at 12 to 24 months with a conviction of an OGS 9 Burglary.

In many criminal cases the best result for a client comes from a well negotiated guilty plea. Having a skilled and experienced advocate on you side can make the difference between years in state prison and going home to your family. If you or a loved one is facing serious felony charges in Berks, Lancaster, Montgomery or Schuylkill County call our offices today for a free consultation.

Not Guilty Verdict in Berks County Terroristic Threats Case

Friday, August 5th, 2011

We won our third Not Guilty verdict of the week today. This case involved a neighbors’ dispute which resulted in my client and his adult son being charged with Terroristic Threats, Disorderly Conduct and Harassment. The dispute took place after a chance encounter in the Home Depot parking lot in Exeter Township. The complainant alleged that my client threatened to shoot him and/ or “eradicate” him. My client and his son don’t dispute the encounter, but maintain that they committed no crime.

Myself and co-Defendant’s Counsel were able to impeach the credibility of the complainant through crimen falsi, inconsistent statements and motive. In the end the Judge found both my client and his son not guilty of all charges. This victory comes on the heals of a not guilty on a Simple Assault/ parental discipline case and my partner’s acquittal on a summary harassment case earlier this week.

If you or a loved one is looking for a skilled criminal trial attorney in Berks County, PA call our office today for a free consultation.

ARD for Simple Assualt Case in Berks County PA

Thursday, June 9th, 2011

This morning I represented a young man who was allegedly involved in a domestic altercation in Berks County PA. Fortunately, given the circumstances, I was able to secure for him an ARD disposition.
ARD (Accelerated Rehabilatative Disposition) is a special program for first time offenders. By participating in this program individuals can earn an dismissal of their criminal charges as well as an expungement of the record. Additionally, there is no admission or finding of guilt – you are simply asking the court for the opportunity to earn a dismissal of the case. Typically, you will also be asked to perform community service and perhaps participate in treatment or classes, depending on the allegations.zorb balls

Our law firm has represented hundreds of individuals in Berks County that have sought admission into the ARD program. It is important that you have an experienced attorney on your side to guide you through the application process and ultimately negotiate a favorable ARD admission on your behalf. If you or a loved one is facing a first time criminal offense in Berks County, PA please contact our office for a free initial consultation.

Can I get ARD in Berks County when I am charged with two seperate cases?

Wednesday, March 30th, 2011

I recently represented a client in the Berks County Court of Common Pleas charged with two criminal cases – a DUI and a Simple Assault/ Terroristic Threats – at the same time. A 32 year old father of five with a rock solid employment history had found his life spinning out of control after discovering his spouse’s infidelity.  With a first time DUI charge he was facing a mandatory 3 day jail sentence and a one year driver’s license suspension if convicted. Additionally, his simple assault and terroristic threats case involved possession of a (legal) firearm, so under the sentencing guidelines he was looking at a county jail sentence.

We proceeded to a preliminary hearing on the Assault/ Threats case. I successfully argued for a dismissal of the terroristic threats charges and the simple assault count was held for court. Subsequently, we waived the DUI charge and applied him for ARD in that case. Both cases proceeded to Common Pleas but in front of different Judges with two different Assistant DA’s assigned. Then came some bad news – I received a plea offer of 3 to 23 months in the Assault case and a denial of ARD in the DUI case.
Through negotiation with the ADA in the Simple Assault case, I was able to secure a revised plea offer of 2 years probation. I then filed an ARD reconsideration letter with the Berks County District Attorney for the DUI case. In my letter I outlined my client’s background and the unique circumstances of his cases. I stated clearly my goal in the matters: ARD on the DUI case and 2 years concurrent probation on the Simple Assault case. Thankfully, the District Attorney agreed that this request was reasonable given the circumstances. In the end, I was able to help my client avoid jail time and a legnthy license suspension.

The answer to the question that forms the title of this post is “yes.” But only if you retain diligent and persistent counsel. We regularly obtain the most favorable results for our clients. If you or someone you love is charged with a criminal case in Berks County or throughout Central or Southeastern Pennsylvania give us a call for a free consultation.

Simple Assault charges dismissed at Preliminary Hearing

Tuesday, December 7th, 2010

Today a client of ours had a very favorable resolution to his pending criminal matter.  Several months ago a situation occurred at the home of client’s girlfriend which resulted in the police being called to the scene.  Charges of Simple Assault, Harassment, Criminal Tresspass, Public Drunkeness and Disorderly Conduct were filed against this young man who, prior to this, has no contact with the criminal justice system.  Thankfully, in the ensuing months the individuals involved in the matter repaired their relationships.  In the end, the Commonwealth witnesses did not want to testify and the charges were dismissed.

This type of situation is not uncommon in Berks County and throughout Pennsylvania.  What is important to realize, however, is that once the police have become involved and charges get filed, the matter will end up in court.  In other words, it is not up to the victim to “drop”  the charges.  In many cases, and for a variety of reasons, the police or the Assistant District Attorney will try to persuade the uncooperative witness to testify against the Defendant.  After all, that is part of their job.  At the Preliminary Hearing the only person that can truly decide whether the case is going forward is the District Judge.  

At a Preliminary Hearing a lot can happen that a Criminal Defendant does not expect.  That’s why it is important to retain the services of a Criminal Defense Attorney.  Even if you believe the Commonwealth witnesses won’t testify, you never know for sure.   Similarly, if you have been subpoenaed to testify by the Commonwealth and you do not want to testify you should also engage the services of an attorney to protect your rights.  We are currently accepting new clients in all criminal and family law matters – contact our office today for a free consultation.