In a case docketed in York County at 2545 C.R. 2007, a client charged with assault had the charge dropped immediately prior to trial in exchange for a plea to summary harassment. This was a case where a combination of good facts for the defendant, sensible use of prosecutorial discretion, and a courageous client willing to stand his ground all converged to get a good result.

The client went with a companion to the home of a female who had called the companion complaining of domestic abuse at her residence. Client and his companion arrive at her apartment complex and refuse to leave (but remain outside) until they can speak to the female. The female came out and tried to convince the men to leave. After she failed to do so, her male friend inside came out with a hatchet. A melee ensued, and self-defense was a clear option. The client refused a number of reasonable offers from the prosecution as no offer can be reasonable to a client convinced that he is innocent.

Trial approached and an offer was made by the Commonwealth to settle the case in exchange for a plea to a summary offense, no jail, no probation, and a small fine. Credit in this case again goes to the client for having the courage to stand firm and to the team of prosecutors that ultimately realized that this was a weak case and that justice could be served with a significant reduction in the charge.

---

Share this page: