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Aggravated Assault in Berks County, Pennsylvania

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. 

Conclusion: Talk to an Experienced Criminal Law Attorney Today

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.

Preliminary Arraignment

Magisterial District Court 23-1-05A preliminary arraignment is the first step in the criminal procedure process in Pennsylvania. When you’ve been charged with a crime, the preliminary arraignment is the first hearing that you’ll be notified of by the Magisterial District Court.

Typically, you’ll receive a notice in the mail although, in some instances, the preliminary arraignment happens when you are picked up on an arrest warrant and taken to a judge.

What Should I Expect at My Preliminary Arraignment?

At your preliminary arraignment, the judge will ask you for your contact information including your address, your phone number, and information on where you have recently lived. This information is intended to supply the courts with the ability to contact you in the event that you’re not able to be reached through normal methods and to allow them to send police to come find you if you start missing hearings. In addition, you will need to supply your place of work, the address of the place of work, and any phone numbers and supervisor information. The courts will not contact your supervisors and will not attempt to contact you at work unless you miss a hearing.

The judge will also read you your rights. The judge will inform you that you have a right to remain silent, that you have a right to a criminal defense attorney, and that you have to be proven guilty beyond a reasonable doubt by the Commonwealth in order to be convicted. The court will also inform you of other important constitutional rights that you hold.

Finally, and perhaps most importantly, the court will set your bail. “Bail” refers to the terms upon which you can be released pending ultimate disposition of your case. Without bail, you would be forced to sit in jail until the conclusion of your case. The right to be released upon paying bail is a constitutional right, and you are permitted to be released on bail except in the most extreme of circumstances.

There are two major types of bail:

  1. Secured bail:
    In the instance of secured bail, you are required to pay to the court system the amount of money that’s set as your secured bail before you can leave and be free pending resolution of the case. For example, if your secured bail is $50,000, you will be required to pay $50,000 to the court. You will receive that money back at the end of the case, but it will be unavailable to you until then.
  2. Unsecured bail:
    In the event of unsecured bail in the amount of $50,000, you would simply be informed that if you missed a hearing or otherwise violated the terms of your bail, you would be required to pay a $50,000 fine to the court.

All of this exemplifies why it’s not smart to go to your preliminary arraignment alone. Criminal charges are serious, and understanding the court system’s complexity is not for the faint of heart.

Call us at the Cornerstone Law Firm to speak with a criminal defense attorney. We’ll help you determine how best to fight your charges and we can represent you at the preliminary arraignment. Our attorneys are experienced in arguing for favorable bail terms and insuring that your rights are protected from the very outset of the case.

Public Drunkenness and Kutztown University Students

At Cornerstone Law Firm, we’ve helped many Kutztown University students who are accused of crimes. When a college student is charged with public drunkenness or another crime involving alcohol or drugs, the impact on the student’s academic and professional future can be profound. Here are several things that a student at Kutztown University or any other college should consider when deciding what to do about criminal charges.

  1. Your charges can impact professional licensure

Sometimes, college students are quick to plead guilty or accept the initial charges filed without thinking about how such a charge will impact their professional future. If a student wants to be a teacher, a counselor, a police officer or even go into the military, a conviction can end up derailing the student’s plans. An expensive education can be wasted by accepting a plea agreement without considering these aspects.

The reality is, a college student who is 18 or older is an adult, and your charges will remain on your record for the rest of your life if they are not properly disposed of. Contrary to popular belief, expungement is not easy to obtain, and in many situations, it will not be available at all unless it is part of the plea agreement or diversionary program accepted. Don’t just plead guilty! You need to discuss the potential consequences of your plea with an experienced attorney.

  1. You are innocent until proven guilty

In the midst of all of this discussion of plea agreements and reduced charges, let’s not forget the most important fact: you are innocent until proven guilty. Just because a police officer has charged you with a crime doesn’t mean you have to plead guilty to it. Indeed, proving that someone has committed a crime in a court of law is the highest bar in the law. It requires proof beyond a reasonable doubt to a jury of your peers in an environment where the state cannot require you to testify against yourself. This is not an easy task. Not infrequently, police officers and investigators make mistakes in the course of their investigation, misunderstand the significance of evidence, or rely on false characterizations in their charges. An experienced criminal defense attorney can help you to spot these mistakes and challenge them. Sometimes this reduces criminal charges, and sometimes it eliminates them altogether.

  1. Kutztown University might implement their own academic discipline.

College students are often surprised when they find out that their legal problems create academic problems, as well. Charges filed against an individual will trigger an academic investigation by the university, and a dean of student conduct or other campus official might demand an explanation, even before the charges have been resolved.

However, Kutztown University, like any public university in Pennsylvania, is subject to the constitution and its provisions about due process, the right to an attorney, and the right to notice and a hearing. Occasionally, students are told that they do not have a right to be represented by an attorney in a disciplinary hearing. This is not true. As a student a public university, you have your full constitutional rights in disciplinary hearings, including the right to remain silent without adverse action being taken against you. You should not attempt to handle these hearings alone. In most cases, you can insist that the hearings not go forward until the charges are resolved.

  1. Having an experienced criminal defense attorney to help you is a must.

There are plenty of things in life that you can save money on by doing it yourself. Dealing with your potentially life-altering criminal charges is not one of them. An experienced attorney who understands the potential impact of a conviction on your professional future is vital. An experienced attorney can help you to decide whether to fight charges or to seek a favorable plea, and how to eliminate or minimize potential negative consequences for your future.

At Cornerstone Law Firm, we have helped many Kutztown University students to deal with charges ranging from disorderly conduct to drug possession and more. Call us today for a free consultation to discuss your rights.