When Ms. K. and Mr. S. were both charged with first-degree felony Aggravated Assault and Conspiracy to Commit Aggravated Assault after an incident at a Berks County music venue, they had the video that showed what actually happened — but no attorney willing to watch it. That changed when they reached Attorney Kirby Gordon at Kitay Law Offices. She listened, reviewed the footage, investigated the facts, and presented the evidence to the Commonwealth. In October 2026, every charge against both clients was withdrawn at the preliminary hearing.
The Charges and What Was at Stake
Ms. K. and Mr. S., a couple at the time of the incident, were each charged in September 2026 with Aggravated Assault, a first-degree felony, and Conspiracy to Commit Aggravated Assault, also graded as a first-degree felony, along with additional misdemeanor offenses — all stemming from a single incident at a local music venue in Berks County.
The exposure was staggering. A first-degree felony conviction for Aggravated Assault alone carries up to 20 years in state prison and a $25,000 fine. Multiply that across multiple felony and misdemeanor counts for two defendants, and Ms. K. and Mr. S. faced the very real possibility of:
- Years of incarceration in a state correctional facility
- Permanent felony criminal records visible to every future employer, landlord, and licensing board
- Loss of firearm rights under both Pennsylvania and federal law
- Lasting personal and professional devastation — the kind that follows a violent felony conviction for the rest of a person’s life
Both clients were facing these consequences simultaneously, making the stakes doubly urgent.
The Commonwealth’s Case
The complainant alleged that during a hardcore music show at the venue in September 2026, Mr. S. jumped off the stage and kicked her in the face, knocking her to the ground. She further claimed that Mr. S. then held her down while Ms. K. “jumped” her, punching her repeatedly in the back of the head. According to the complainant, she went to the hospital immediately for treatment and would require facial surgeries as a result of her injuries.
Based entirely on this account, both Ms. K. and Mr. S. were arrested and charged with multiple felonies and misdemeanors.
How We Defended Ms. K. and Mr. S.
The Video the Police Never Got
The complainant’s version of events was alarming — but it was not what actually happened. Mr. S. had already obtained surveillance footage directly from the venue’s owner, and it told a very different story:
- What the video actually showed: Mr. S. jumped off the stage during the show and bumped into the complainant incidentally — there was no kick to the face.
- What happened next: The complainant then went after Mr. S. and punched him. Ms. K. stepped in to defend her boyfriend.
- How it ended: The altercation was over quickly. No one ended up on the ground.
The investigating officer had been unable to obtain this footage on his own. And here is where the case nearly went wrong for Ms. K. and Mr. S.: when the couple consulted with other attorneys before reaching Kitay Law Offices, none of them would even consider the fact that the clients already had the video proving the allegations were false.
Attorney Kirby Gordon truly listens to her clients and fights to protect their rights
An Attorney Who Actually Listened
Attorney Kirby Gordon took a different approach. She listened. She watched the footage. And from the very first consultation, she was on board with their defense — because the evidence supported it.
From there, Attorney Gordon built the case methodically:
- Independent investigation: Attorney Gordon contacted the venue owner directly and confirmed a critical detail — the complainant remained at the show for approximately three additional hours after the alleged assault and appeared completely fine.
- Proactive disclosure: Rather than waiting for court, Attorney Gordon sent the surveillance video to the investigating officer in advance of the preliminary hearing, giving the Commonwealth time to evaluate the evidence against its own case.
- Preliminary hearing advocacy: At the hearing, Attorney Gordon presented the video evidence to the Assistant District Attorney and engaged in further discussion about the case.
Two Clients, One Coordinated Defense
Defending two co-defendants charged in the same incident requires careful coordination. Attorney Gordon managed a unified strategy that protected both Ms. K. and Mr. S., ensuring that the evidence exonerating one reinforced the defense of the other.
The Result
After reviewing the surveillance footage and the facts Attorney Gordon had assembled, the Commonwealth withdrew every charge against both Ms. K. and Mr. S. at the preliminary hearing in October 2026.
Key Outcomes:
- All Felony Charges Withdrawn: First-degree felony Aggravated Assault and Conspiracy to Commit Aggravated Assault — withdrawn for both clients.
- All Misdemeanor Charges Withdrawn: Every additional count dropped as well.
- Records Protected: Neither Ms. K. nor Mr. S. carries a criminal conviction.
- Futures Preserved: Both clients avoided the devastating collateral consequences of a violent felony conviction — no prison, no permanent record, no loss of rights.
What This Means If You’re Facing Assault Charges in Pennsylvania
The Preliminary Hearing Is a Real Opportunity
Many people assume a preliminary hearing is just a formality. It is not. Under Pennsylvania law, the Commonwealth must establish a prima facie case — enough evidence to justify sending the charges to trial. A well-prepared criminal defense attorney can expose weaknesses in the evidence at this stage and, as this case shows, can end the prosecution entirely before it ever reaches a courtroom.
Your Own Evidence Matters — and an Attorney Should Fight to Use It
Ms. K. and Mr. S. had the proof they needed from the beginning. What they lacked was an attorney willing to take the time to review it. If you have evidence that supports your side of the story — video, text messages, witnesses — the right defense team will not dismiss it. They will build a strategy around it.
Being Charged Is Not the Same as Being Guilty
Felony charges sound terrifying, and they are meant to. But an accusation is only an accusation. When the evidence does not support the charges, an aggressive and prepared defense can make that clear to the Commonwealth before the case ever reaches trial.
Frequently Asked Questions
Can charges be dropped at a preliminary hearing in Pennsylvania?
Yes. If the Commonwealth cannot present enough evidence to establish a prima facie case at the preliminary hearing, the charges can be dismissed by the judge or withdrawn by the prosecution. This is one reason why having an experienced defense attorney at the preliminary hearing — not just at trial — is so important.
What is the difference between simple assault and aggravated assault in PA?
Simple assault is typically a second-degree misdemeanor involving an attempt to cause or the reckless causing of bodily injury. Aggravated assault is a first-degree felony when it involves serious bodily injury or an attempt to cause it. The difference in penalties is enormous — an aggravated assault conviction can carry up to 20 years in prison, while simple assault carries a maximum of two years.
Do I need a lawyer for a preliminary hearing in PA?
You have the right to represent yourself, but it is strongly discouraged. The preliminary hearing is often the first and best opportunity to challenge the evidence, cross-examine witnesses, and even get charges withdrawn or reduced. An experienced defense attorney can identify weaknesses in the Commonwealth’s case that you may not recognize on your own.
Your Kitay Law Offices Team
Facing Criminal Charges in Berks County? Talk to a Defense Team That Will Listen.
If you or someone you love has been charged with aggravated assault, conspiracy, or any criminal offense in Berks County or anywhere in Pennsylvania, the decisions you make right now matter. The preliminary hearing may be just weeks away — and what happens there can determine whether you ever face a trial at all.
At Kitay Law Offices, The Law Firm With a Heart®, we listen, we care, and we fight for you — from the first phone call through the final hearing. Call 1-888-KITAY-LAW (1-888-548-2952) to schedule a free, confidential consultation. ¡Se habla español!
Every case is unique. Past results do not guarantee a similar outcome in any future matter. This article is for general informational purposes and is not legal advice.
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