Aggravated assault is one of the most serious charges you can face in Pennsylvania. The Supreme Court of Pennsylvania has held that proving aggravated assault requires the government to demonstrate the mental intent to cause serious bodily injury or to use a deadly weapon in such a way as to show an intent to injure someone. In other cases, aggravated assault can be charged where there is an assault on certain protected classes of individuals including police officers.
So, if you have been charged with aggravated assault in Berks County, Pennsylvania, what steps should you take to preserve your innocence? Here are a few tips to keep in mind.
Immediate Preservation of Evidence is Crucial
One thing that many people forget when they’re charged with a crime is that they should immediately begin preserving evidence that might help to demonstrate their innocence. This includes:
Reaching out to companies who may have surveillance footage of what happened, including the lead up to a fight. Other videos and content may exist, too.
You should think about whether the Facebook messages of your friends might contain DMs or other information from the alleged victim of a crime that would demonstrate that they were the ones that were threatening or instigating violence.
Working with a criminal defense attorney can help you think of ways to demonstrate your innocence and can help you to move quickly to ensure that this type of evidence is not lost. Many businesses overwrite their security footage every 15 or 30 days, so it is important to move quickly if you believe this type of evidence may exist.
Don’t Make it Easy to Prove Your Mental Intent
One mistake that many individuals make when they’re charged with an assault is to go online, make bold statements and criticize the person who has accused them of the crime. While this sort of frustration is understandable, anything you say can be used against you.
In some cases, angry statements can help the government to show your mental intent and the anger you have toward the alleged victim. This information really shouldn’t be admitted into court in most cases, but it creates another hurdle that your legal team has to get over in order to preserve your innocence in an aggravated assault case.
Don’t Talk to the Police
Finally and most importantly, in an aggravated assault case you should not speak to the police without first speaking to your attorney. You have an absolute right to be represented by an attorney, even during the investigative phase of an aggravated assault case. If a police agency in Berks County wants to speak with you, they can go through your attorney.
The rule about not speaking to police is true even when you are innocent! It is important that you speak to counsel before making decisions about whether to make a statement to the police of not.
If you have been charged with aggravated assault in Berks County Pennsylvania or anywhere in Pennsylvania, it is important for you to speak to an attorney.
At Cornerstone Law Firm, we can help you make decisions about your criminal case and how to handle your charges. Call us today for a consultation.
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In previous posts, we have discussed the importance of the First Amendment. We have also discussed that speech is not always just speech — it can also be conduct. Today, we are going to talk about legitimate government restrictions on the First Amendment right to freedom of speech. One such restriction established in case law decided by the Supreme Court of the United States is restrictions on time, place and manner of speech.
What is a “Time, Place & Manner” Restriction?
Time, place and manner restrictions include regulations of when, where and how someone speaks. For example, a school may tell its students that they may not discuss politics during class. A state court may require that no one say anything at all in a court room unless they are an attorney or a witness on the stand. Some government buildings prohibit any sort of protest or speech within the buildings themselves, allowing the government workers to work unimpeded by any sort of disruptions around them. (For example, you can’t march into Fort Knox and demand the right to protest.) These are all examples of time, place and manner restrictions.
There are a few requirements to sustain a time, place and manner restriction in court. If challenged, the government entity must be able to show that these restrictions are “narrowly tailored” to achieve a “significant governmental interest.” For example, the school district that says that its students may not engage in any political speech at all during the entire school day, whether in or out of classes because it is worried about distractions in the classroom, is probably guilty of an overboard restriction that would not be sustained by a court. The goal of a good education may be a significant government interest, but there are less restrict ways to achieve that goal. The school might be able to require that students not talk while in certain types of classes that have nothing to do with politics, for example, while leaving them free to discuss their views throughout the rest of the day.
“Content Neutral” Restrictions
Another important point is that a restriction must be applied equally across the board and must be “content neutral.” In other words, a school that says that students may not talk about religion during specific classes but allows discussion of any other sort of philosophy or politics is violating the First Amendment right to freedom of speech.
Similarly, if a courtroom was to say that no one can protest out in front of the court, but then allows specific demonstrations for increased government salaries inside, this would be an example of discrimination against speech based on content. In these cases, the supposed time, place and manner restriction is just an illegal attempt by the government to restrict speech that it does not find appealing.
What Do You Do if Your Rights are Violated?
What do you do if your rights are violated by a time, place, and manner restriction? There are various types of civil rights lawsuits available to you. Figuring out whether a time, place and manner restriction is an appropriate restriction of speech is a complicated process and requires careful analysis of the challenged regulation, the case law that has been decided on these topics, and sometimes even what you desire to say. In future blog posts on this topic, we are going to cover other restrictions on the First Amendment that the government may pass.
If you’re dealing with an infringement on your First Amendment rights, call us today to discuss your case.
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Last month, Attorney Joel Ready obtained dismissal of harassment charges in Berks County. The charges had been filed against a defendant over an alleged dispute with an ex-girlfriend. After oral argument in front of a Berks County Magisterial District Judge, the charges were dropped completely. The charges were filed in the Bernville area “upon information received” by a State Trooper, which means that the Trooper was filing the charges based on what the alleged victim told him.
“We’re glad to see these charges dismissed,” Attorney Ready says. “This case shows, once again, the importance of being prepared to fight charges and not merely plead guilty to avoid the trouble of litigation.”
More About Harassment Charges
Harassment is a summary offense under Pennsylvania Law, which means that it comes with a fine and potential confinement up to ninety (90) days in prison. In some circumstances, harassment charges can also result in higher penalties, including a misdemeanor conviction. Harassment requires that the Commonwealth prove that the defendant either physically assaulted or repeatedly annoyed someone with no legitimate purpose.
Harassment charges do go on your permanent record, although, if they are a summary offense it is not considered a “criminal record.” Nonetheless, potential employers, family members, friends, neighbors and others can find that you were found guilty of these charges if you plead guilty to them.
Contact Us Today
It is important to speak with an experienced criminal offense attorney about harassment charges so the attorney can help you decide whether you should challenge the charges or not. Contact Cornerstone Law Firm today for more information.
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If you are facing criminal charges in Berks County, Pennsylvania, you will find yourself facing several very important questions as you strategize how to handle your case. The chief among all these questions is whether you should go forward to a trial on your charges or accept a plea deal. If you decide to go to trial, finding a good trial attorney will be vital.
Why a Trial Lawyer is Important
At Cornerstone Law Firm, our attorneys have experience at all stages of trial work and stand ready and willing to take your case all the way to trial. Whether to go to trial on criminal charges is an important and personal decision and depends on many factors. Getting good advice on whether you should go forward to trial rather than taking a deal that has been offered is an important part of this process.
A good trial attorney is willing to cross-examine the government’s witnesses, will effectively present your case in a way that is understandable to the jury, and can help you make the all-important decision on whether to testify or not. At Cornerstone Law Firm, our attorneys can help you with these questions.
Contact Cornerstone Law Firm
Whether you are in the midst of criminal charges or are at the beginning of a criminal case, we welcome your call to discuss your charges. Your first consultation with us is free and totally confidential. Call us today and see how we can help you.
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At Cornerstone Law Firm, we believe the First Amendment defends each individual’s right to live freely according to their deeply held conscience and faith.
In a recent religious liberty case, Attorney David Crossett represented a Lancaster County mail carrier, Gerald Groff. Mr. Groff’s rights were violated when the USPS failed to accommodate his religious beliefs regarding working on Sundays.
“In a free and respectful society, government should recognize those differences among us that make us great, rather than punishing those differences, particularly when those differences result from our sincerely held religious beliefs.”
If your religious liberties have been violated, we encourage you to call us today to discuss your case.
https://cornerstonelaw.us/wp-content/uploads/2020/02/USPS-pope-moysuh-unsplash-scaled.jpg13662048Cornerstone Law Firmhttps://cornerstonelaw.us/wp-content/uploads/2017/06/cornerstone-law-black-300x109.pngCornerstone Law Firm2020-02-20 00:03:432020-02-24 17:02:29Attorney Crossett Represents Mail Carrier in Religious Liberty Case
(LANCASTER, PA – February 17, 2020) On Friday, February 14, a United States Postal Service (USPS) mailman filed a Motion for Summary Judgement before a federal district judge asking the court to find that the USPS violated his rights when it failed to accommodate his religious beliefs regarding work on Sundays.
Gerald Groff has been a mailman in Lancaster County for almost seven years. One Post Office supervisor called Mr. Groff his best employee. Another Post Office supervisor said that Mr. Groff had the best quality of work of anyone he had met in the USPS.
When he was hired, Sunday work was never required for Mr. Groff’s position. Several years later, the USPS started parcel delivery on Sundays. For a time, the Post Office and Mr. Groff worked flexibly together to accommodate his religious convictions of not working on Sundays. Mr. Groff simply picked up holiday, evening, and Saturday hours others did not want to work.
Later, USPS began enforcing a no-exceptions Sunday policy on Mr. Groff and needlessly disciplined him. This resulted in him being constructively discharged from the job he loved.
“In a free and respectful society, government should recognize those differences among us that make us great, rather than punishing those differences, particularly when those differences result from our sincerely held religious beliefs,” said David Crossett, a partner at the Cornerstone Law Firm, LLC, one of the attorneys representing Mr. Groff.
“Just as the Supreme Court recognized in a case involving the right of a Muslim worker to wear a head scarf at a clothing store, a government employer like the Post Office should reasonably accommodate an employee’s religious beliefs. The Post Office had plenty of other options for delivering Amazon packages on Sundays without making this employee violate his religious conscience,” said Randall Wenger, Chief Counsel of the Independence Law Center. “In a free society, government employers can and should do better at respecting their employees’ rights.”
The case, Groff v. Brennan, is filed before the U.S. District Court for the Eastern District of Pennsylvania.
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Every American has the right to free speech under the First Amendment. That’s why Cornerstone Law Firm is glad to announce that our clients, three students in the Oley Valley School District, have had their voices heard in their recently settled lawsuit.
We worked with the students to bring a lawsuit against Oley Valley School District for violating their First Amendment rights. The case has now settled for $5,000 for the students plus attorneys’ fees and expungement of the discipline resulting from their school board speech.
Oley Valley School District students (from left to right) Vinny Ferrizzi, Haley Hartline and Jordan Eck practicing their First Amendment rights
What Happened
Jordan Eck, Haley Hartline and Vinny Ferrizzi were disciplined for speaking at a school board meeting last March, where they expressed concerns about the way the drama program was being run. Within 24 hours of speaking to the school board, two of the students were suspended and removed from the school play, and less than two weeks later, the third was removed from school property in front of his classmates. Various excuses for this retaliation were offered throughout the lawsuit, but upon production of surveillance footage demonstrating the pretextual nature of these excuses, the parties finally agreed to settle.
The monetary settlement reimburses the students’ families for the expense of litigation and will be paid by the school district’s insurance carrier. The settlement also includes compensation for Jordan for the defamation of his character by the drama program director in a series of emails to the parents of other students in the drama program, as well as others in the community. All three students will receive compensation from the district’s insurance carrier for the violation of their rights to free speech.
What They Have to Say
The students expressed their relief that the case is over. “This is a victory for our First Amendment rights, and for the rights of other students to speak freely without fear of retribution,” said Eck after the settlement was reached.
“It shouldn’t have taken a federal lawsuit to force the School District to respect our right to speak,” said Hartline.
Ferrizzi agrees: “We wanted an apology, but it’s clear that this will have to do. This is vindication.”
“The First Amendment was written to protect us; but sometimes, we have to protect the First Amendment,” said Cornerstone Law Firm’s Joel Ready, the students’ attorney. “When government officials, however major or minor, seek to punish citizens for their speech, it is imperative that we stand up against that.”
Attorney Ready believes the lawsuit has bigger implications beyond these three students, and beyond Oley Valley:
“This case would have created a chilling effect on other students right to speak up, and I hope the message is loud and clear: as a student, you’re allowed to respectfully express your opinion to those in power, even if your opinion is unpopular.”
How it Started
The case began when Cornerstone Law Firm reached out to the School Board on behalf of the students, demanding that their discipline be expunged. The School Board refused reverse the punishments, necessitating rising costs, and ultimately, this settlement. Attorney Ready says he expects this case will have a positive impact on the School District:
“My clients hope this will cause the Oley Valley School Board to take definite steps to train their employees about protecting students’ rights. The Supreme Court says that students do not shed their constitutional rights at the schoolhouse gates. That is especially true when students speak to school board members—their elected representatives.”
Various messages of both support and opposition have been received on social media by the students, but Eck explains, “From the beginning, we understood that was part of it. We just want every student to be able to speak freely, just like we did.” Ready agrees.
“I’m proud of these three students,” he said. “They’ve shown courage in the community, sometimes in the face of misinformation intentionally spread about them. They’ve shown Oley Valley how important free speech really is.” The Court issued a “Rule 41 Order” last week, and the students and district signed a final agreement today.
Student Statement Posted on Social Media Today
The three students released posts on social media today. The post is as follows:
“We were each disciplined by OVSD last year after we spoke at a school board meeting and expressed concerns about the individual overseeing the drama program. While anyone has a right to agree or disagree with what we said, no one had a right to blast out an email to the community defaming Jordan, claiming he “posted something against another student” such that the “police were called in” to deal with him. No one had a right to suspend Jordan and Haley and remove them from the school show for their speeches that night, and no one had a right to have Vinny escorted off of school property in front of our classmates. These actions were hurtful, and were done to retaliate against us for speaking an unpopular opinion to our elected officials.
As of this week, our disciplinary records related to this incident will be expunged, Jordan will be retroactively restored to his role as drama club President, and we will receive $100,000, which will be paid by the school district’s insurance carrier—not by taxpayers. Most of this is merely to reimburse us the cost of bringing a federal suit. A nominal amount will pay for Jordan’s defamation claim, and all three of us will receive a small amount for the violation of our right to free speech.
The expense and stress of this lawsuit should have been unnecessary. Last March, Joel Ready, our attorney at Cornerstone Law Firm, sent a letter to the School District demanding that this matter be resolved by expunging discipline related to this incident, and that a small amount be paid to cover the attorneys’ fees we had incurred up till then. The School District preferred to fight about this instead, and finally was forced to settle on the eve of trial.
It’s really important to the three of us that all of our classmates hear this message loud and clear: no one can silence you just because you are a student. You’re a citizen of the United States, and when you speak as we did—calmly, respectfully, in the forum set up for public comment—the government and its officials do not have the right to retaliate against you.
We hope this case will give other students courage to speak up for themselves, and to speak against what they see as wrong. We’re grateful for those of you who have supported us along the way, and to those of you who haven’t, we hope you’ll keep all of this in consideration with an open mind and continue to dialogue with us. That’s what the First Amendment is all about.”
Contact Us
If you’re dealing with an infringement on your First Amendment rights, call us today to discuss your case.
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After you’ve been in a car accident, there are a lot of details to figure out. In addition to payment for medical bills, surgeries, rehab and so many other things, many victims of injuries find themselves asking, “Who’s going to pay for the time I missed from work?”
Lost wages are a significant component of the cost of a car accident to the injured party. Lost wages from time off from work can result not only in the immediate aftermath of the injury but far down the line, as well.
Lost Time and Wages
Whether attending doctors’ appointments, going to repeated rehabilitation sessions, having consultations with orthopedic specialists, and even in some cases, attending court proceedings arising out of the accident, car accidents result in lost time and wages.
In all of these instances, the wages lost should be calculated as part of the damages that the insurance company is required to compensate you for as a result of your accident. In some cases, insurance companies will tell the injured party that they are not entitled to compensation for lost wages. They may give the victim of an injury a hard time about claiming lost wages, particularly where someone’s job makes wages a little harder to calculate.
For example, a salesperson who is no longer able to do the physical demands of a job, such as getting up on a roof or otherwise doing physical labor to determine the appropriate amount to quote on a job, may see their earnings diminish significantly. Yet an insurance company may claim that these damages are speculative or that they cannot be appropriately quantified.
In another example, an individual who loses out on seasonal overtime pay or a second job for a holiday weekend may be told that they can’t claim these damages from insurance.
Maximize Your Appropriate Recovery
Insurance adjusters are paid to keep your damages at a minimum after a car accident. Shouldn’t you have attorneys on your side to maximize your appropriate recovery?
If you’ve been injured, call the Cornerstone Law Firm to speak with one of our personal injury attorneys. The consultation is free, and we don’t get paid unless you get paid. Call us today to discuss your case.
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