February 3, 2023: Commonwealth vs. Rogers, Municipal Court of Philadelphia – Case Dismissed. Client was arrested because he used a firearm, which he lawfully possessed and had a gun permit, against a criminal who was stealing his car. Client was taking out the trash when he saw the car thief. Police arrested him and charged him with assault, reckless endangerment, and possession of instrument of crime with intent because he told the police that he fired at the thief for stealing his car. Attorney Douglas Earl’s defense was based on Corpus Delicti rule.
Defense Against Assault and Battery Charges
Tough, Aggressive Representation — 24-Hour Emergency Consultations
Douglas P. Earl, Esquire has been representing individuals accused of assault for over 29 years. Each case is a challenge. Mr. Earl will investigate your case. He will walk through with you every aspect of the physicality of your contact with the accuser as well as the surrounding circumstances including emails and texts. He will go to the scene. Most lawyers do not do this. This is how he is successful. Mr. Earl practices in Philadelphia, Bucks, Delaware and Montgomery Counties as well as all across Pennsylvania.
You do not have to face criminal charges by yourself. The Law Office of Douglas Earl LLC, strives to ensure that your rights are protected and that your side of the story is told. When you choose us to stand by your side, that is exactly what we will do. We will represent your interests as if they were our own from start to finish.
Douglas P. Earl, Esquire has defended hundreds of people against assault charges. In Pennsylvania the Assault statutes are divided into two basic categories: Simple and Aggravated. Simple Assault is graded as a Misdemeanor. Aggravated Assault is graded as a Felony. The simplest way to tell the difference between Simple Assault and an Aggravated Assault is whether there was an attempt or the cause of bodily injury or serious bodily injury.
Aggravated Assault is causing or attempting to cause serious bodily injury to another. “Serious bodily injury” is defined in the crimes code at 18 Pa.C.S. Sec. 2301 as “[b]odily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
- Commonwealth v. J.L. Common Pleas Court Criminal Division: Douglas P. Earl, Esquire defends college student against assault charges in a four co-defendant trial. The District Attorney has video of incident. Client found NOT GUILTY.
• Commonwealth v. Shyneice James; Douglas P. Earl, Esquire takes over case after jury convicts Ms. James of Aggravated Assault on her baby. Ms. James and her boyfriend were arguing in bed. Child was stabbed in the head resulting in serious injury. Boyfriend had the knife. The District Office agrees on appeal that Ms. James should not have been convicted of aggravated assault.
Simple Assault is causing or attempting to cause bodily injury to another. “Bodily injury” is defined in the crimes code at 18 Pa.C.S. Sec. 2301 as “impairment of physical condition or substantial pain.
Also Pennsylvania has taken what is a Simple Assault and made it an Aggravated Assault simply based upon who the person alleged to have been assaulted is. The legal system calls a “protected person” Police officers, firefighters, EMT’s, judges, Assistant District Attorneys, public defenders, school teachers, prison guards, probation officers and constables while in the performance of his or her duty. If this is the case then what would have been a Simple Assault becomes an Aggravated Assault.
It is quite common for an Aggravated Assault charge to be downgraded to Simple Assault after a judge hears testimony at a Preliminary Hearing.
Have You Been Accused of Hurting Someone?
We provide strong defense against charges involving assault and battery. We handle cases involving:
Fights at school
Some people are surprised to learn that they can face arrest and criminal charges simply for threatening violence against someone.
No matter what the exact nature of the charge is, we want you to know that we are here to protect your rights.
Avoiding a Criminal Record
If you are convicted of an assault and battery charge, the consequences are serious. You may have to pay fines or even spend time in jail. You will also have a permanent criminal record.
The mark of an assault charge on your record can change your life. When potential employers see it, they are hesitant to hire an applicant. When property owners see it, they are hesitant to take on a tenant. It is a very serious matter.
We Fight for You!
Not every lawyer is willing to take an assault and battery charge into the courtroom. If that’s what it takes to get you the results you deserve, that is exactly what we will do.
We have been doing this for 28 years. Along the way, we have helped countless people in situations like yours. You can be certain we can help you.
We’re Here When You Need Us
We are available 24 hours a day, 7 days a week to help people in Philadelphia and throughout Pennsylvania.
Contact an experienced criminal defense attorney today.