The Law Office of Mark D. Copoulos obtained a verdict to be thankful for on this Thanksgiving week. Defendant A.R. was charged with Simple Assault, Recklessly Endangering Another Person, and Aggravated Assault. At the preliminary hearing Copoulos was able to get the Recklessly Endangering Another charges dismissed for lack of evidence. The case proceeded to trial on Aggravated Assault. If convicted A.R. faced over five years in prison, stemming from the conviction and being on parole for the same charge.
The judge ultimately agreed with the defense theory of the case, namely that A.R. in his concussed state did not have the specific intent to commit a crime.
A.R. was accused of striking a paramedic. The Philadelphia paramedic was called to the scene because A.R. had fallen and struck his head. According to the police paperwork, A.R. was highly intoxicated when paramedics arrived on the scene. A.R. did not want treatment, but was deemed a “medical necessity” by paramedics and doctors. Accordingly, A.R. was strapped onto a stretcher against his will. While being strapped onto the stretcher A.R., “squared up and punched” the paramedic in the face. A.R. was criminally charged with Aggravated Assault following treatment and release from the hospital.
Copoulos was hired for the case because if convicted, A.R. faced up to five years in prison. A.R. was on parole for Aggravated Assault when arrested and charged with Aggravated Assault. The offer on the case was a year in prison, not including a lengthy parole sentence for violation of terms of parole. Copoulos and A.R. rejected the offer and opted to proceed to trial.
Copoulos and his staff obtained medical records that corroborated A.R. suffered a concussion. Before the paramedics arrived A.R. had fallen and struck his head. The concussion was the primary cause for A.R.’s confused and erratic behavior. Copoulos cited to Pennsylvania Superior Court and Supreme Court case law, which clearly requires specific intent as an element of felony assault. The judge agreed that while A.R. was reckless, given his concussion he did not have the intent to commit assault. Therefore, A.R. was found not guilty of Aggravated Assault.
If you have been charged with Aggravated Assault, contact Mark D. Copoulos to defend your case. Mark Copoulos is an aggressive litigator who is not afraid to take your matter to trial to get the best result possible. Call now for a free consultation of your legal matter. Our office can be reached at 267.535.9776.