Attorney Goldstein Wins Aggravated Assault (F1) Jury Trial
Philadelphia criminal defense lawyer Zak T. Goldstein, Esquire recently won a full acquittal in a jury trial on Aggravated Assault charges in the case of Commonwealth v. J.B. Prosecutors charged J.B. with Aggravated Assault (F1), Aggravated Assault (F2), Simple Assault, Possession of an Instrument of Crime, and Recklessly Endangering Another Person, for an incident in which J.B. cut the complainant on her face and hands with a knife. In J.B., the Commonwealth alleged that J.B. and the complainant were roommates who had gotten into a fight after a dispute relating to damage to the complainant’s car. At some point, the fight allegedly escalated from a fist fight when J.B. pulled a switchblade knife and began stabbing the complainant. The complainant then pulled out a machete and began assaulting J.B. with the machete. However, the complainant was the first person to call police, so the police arrested J.B. and recommended that charges be filed against her.
J.B. retained Attorney Goldstein for trial, and J.B. proceeded to trial in front of a Philadelphia jury on a theory of self-defense. Attorney Goldstein’s cross-examination of the complainant on her motive to have started the fight and then lied about it, the fact that she inflicted serious injuries on J.B., and the fact that she is the type of person who carries a machete around quickly convinced the jury that J.B. had acted in self-defense and that the complainant had really been the aggressor. Attorney Goldstein was able to successfully argue to the jury that the complainant had actually been the first person to pull a knife and then had simply won the race to the police and that the police had filed charges without even giving J.B. and her witness the opportunity to tell them what had really happened. Accordingly, the jury deliberated for approximately two hours before acquitting J.B. of all charges. J.B. will be eligible to have all of the charges expunged from her record.
The key to defense in this case was the evidence that J.B. had preserved shortly after the incident. Fortunately, J.B. had documented her injuries by taking high-quality photographs which were extremely compelling. The defense was also able to obtain a copy of the 911 call (which the police would otherwise destroy within thirty days), and the 911 call showed that J.B. had also called police and that police could be heard arresting her without giving her a chance to tell them what happened. Finally, J.B. had preserved important text messages between her and the complainant which showed that J.B. had been trying to resolve the car situation and made it more likely that the complainant was the aggressor. These key pieces of evidence illustrate the importance of speaking with one of our experienced criminal defense attorneys right away if you are facing criminal charges or may be under investigation. Had J.B. waited to retain counsel, this valuable evidence could have been lost. Fortunately, J.B. was fully acquitted of these serious assault charges.
If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.