Assault Charges Dismissed in Schuylkill County

July 29, 2011

Charges filed against a Tower City, PA man represented by Attorney David Lampman were dismissed at the preliminary hearing yesterday. Pennsylvania State Police arrested the defendant after it was reported that he assaulted individuals and threatened them with an assault rifle. His bail was set at preliminary arraignment at $20,000.00. The charges filed in Schuylkill County included:

Six counts Simple Assault (1st degree misdemeanors - max. 5 yrs prison)
Six counts Recklessly Endangering Another Person (2nd degree misdemeanors - max. 2 yrs prison)
Six Counts of Summary Harassment (summary offenses - max. 90 days jail)

Although these were misdemeanor charges the fact that the defendant was charged with 12 misdemeanor counts and 6 summary offenses significantly increased the risk of a prolonged prison sentence.

This case highlights the importance of preparation and conducting thorough research at the earliest stages of a criminal case. While investigating for the preliminary hearing Attorney Lampman learned that one of the alleged victims, the individual who reported the incident to the State Police had a criminal history that involved bad checks and other crimes that relate to dishonesty. Pennsylvania law provides that crimen falsi convictions, offenses like theft crimes that includes a falsehood and relate to honesty can be introduced to attack the credibility of the witness. Knowing this fact along with showing other serious flaws in the Commonwealth's case help criminal defense Attorney Lampman get the charges dismissed. In short, an extensive analysis of the affidavit of probable cause exposed inconsistencies and doubts in the "victims" story.

Getting the charges dismissed at the preliminary hearing put a prompt end to the case. It saved the client stress and money by not having to fight the charges at trial. Of course, it also provided a resolution that keeps his record free of a criminal conviction.