Our client was initially charged with a second-degree misdemeanor simple assault, a serious criminal charge that carried the potential for incarceration, probation, and long-term consequences affecting employment and future opportunities. From the outset, the complaining witness was unwilling to consider any reduction, and the case appeared poised to proceed as a contested assault prosecution.
The assigned attorney from the firm was Kristin Messner-Baker. Early in the representation, Attorney Messner-Baker recognized that the case was far from a straightforward assault matter. Rather than accepting the charge at face value, she conducted a detailed review of the evidence and focused on presenting a complete and accurate account of the incident.
Attorney Messner-Baker obtained Emergency Department medical records and photographs documenting injuries sustained by the client, including neck abrasions consistent with being choked. This evidence demonstrated that the client was not the sole aggressor and that force had been used against him. She also emphasized that the client was the individual who called 911 while the altercation was ongoing and had asked the other party to leave his residence before the situation escalated into a physical struggle in a confined space.
Despite the complaining witness continuing to push for a misdemeanor assault prosecution, Attorney Messner-Baker met directly with the affiant officer and the assigned Assistant District Attorney to review the evidence and explain why the case was not acut and dry case. She outlined significant issues related to self-defense, causation, and the lack of clarity regarding who initiated the physical encounter, highlighting the risks the Commonwealth would face if the case were litigated.
As a result of this early and strategic advocacy, the Commonwealth agreed that the evidence did not support a misdemeanor assault charge. The charge was reduced to a summary disorderly conduct offense for engaging in fighting, eliminating misdemeanor exposure, incarceration risk, and probation for the client. The case was resolved efficiently, allowing the client to move forward without the lasting impact of a misdemeanor conviction.
If you are facing assault charges or other criminal allegations in Pennsylvania, having an experienced criminal defense attorney who will carefully evaluate the evidence and advocate early on your behalf can make a critical difference. To schedule a consultation with Attorney Kristin Messner-Baker, contact Scaringi Law at 717-657-7770.