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Wimmer Criminal Defense, PC is proud to announce a not guilty verdict for a client charged with Attempted Murder following trial in Philadelphia.
Attorney Lauren A. Wimmer represented the defendant against an allegation that he brutally assaulted another man with a baseball bat. The Commonwealth charged the client with Attempted Murder, along with Aggravated Assault and other serious criminal offenses.
The stakes could hardly have been higher. A conviction for Attempted Murder can expose a defendant to an extraordinarily lengthy period of incarceration and the lifelong consequences of a violent felony conviction. After years of litigation and preparation, the case proceeded to trial. The defense secured a not guilty verdict.
One of the most important principles in a criminal trial is also one of the simplest: an injury does not prove how the injury happened, who caused it, or that someone acted with the specific intent to kill. The prosecution bears the burden of proving every element of Attempted Murder beyond a reasonable doubt. A defendant does not have to prove his innocence. In this case, the defense carefully examined the evidence underlying the accusation rather than simply accepting the prosecution's version of events. The case presented significant questions concerning the reliability of the allegations, the credibility and memory of the complaining witness, inconsistencies between accounts of what occurred, the circumstances surrounding the confrontation, and whether the evidence actually established an intentional attempt to kill. At trial, those issues mattered.
Serious criminal charges can sometimes create the impression that the allegations themselves must be supported by overwhelming evidence. That is not always the case. A critical part of criminal defense trial work is comparing what a witness says in court with what that witness previously said—and with what independent records actually show. In this case, the defense conducted an extensive investigation and obtained records that could be used to test important portions of the prosecution's narrative. The defense challenged inconsistencies in the complaining witness's recollection, prior sworn testimony, contemporaneous records, medical evidence, employment records, and the chronology surrounding the incident. The defense also confronted the prosecution's evidence concerning a baseball bat and placed the alleged weapon in the context of the entire encounter rather than allowing the accusation itself to substitute for proof. The result was a complete acquittal on the Attempted Murder charge and all offenses.
For someone facing an Attempted Murder prosecution, a criminal trial is not an abstract legal proceeding. A person's freedom, reputation, family, career, and future may all depend upon the result. That is why Wimmer Criminal Defense approaches serious felony cases by examining the evidence piece by piece. Who actually witnessed the incident? What did those witnesses originally say? Has their story changed? Do medical or other objective records support the allegation? Are there facts that were omitted from the prosecution's version? Does the evidence establish an intent to kill—or is the prosecution attempting to infer that intent from an injury?
Most importantly: Can the Commonwealth actually prove its accusation beyond a reasonable doubt?
In this case, after the evidence was presented and tested at trial, the answer was no.
The verdict: Not Guilty.
Attorney Lauren A. Wimmer represents individuals facing some of the most serious criminal charges prosecuted in Philadelphia and throughout Pennsylvania. Her practice includes defense of Attempted Murder, Murder, Aggravated Assault, firearms offenses, robbery, drug trafficking charges, and other felony offenses.
Before entering private practice, Wimmer served as a judicial law clerk in the Criminal Trial Division of the Philadelphia Court of Common Pleas, where she worked on homicide cases. Her practice now includes serious criminal matters in state and federal court. A serious accusation does not eliminate the Commonwealth's burden of proof. And being charged with Attempted Murder does not mean a conviction is inevitable. This latest not guilty verdict in an Attempted Murder case is a reminder of why every piece of evidence—and every witness—must be tested before a person's liberty is taken away.
If you or a family member has been charged with Attempted Murder, Aggravated Assault, or another serious violent felony in Philadelphia, speak with an experienced criminal defense attorney as early as possible. Wimmer Criminal Defense, PC represents clients facing serious criminal charges in Philadelphia and throughout Pennsylvania. Call us today at (215) 712-1212 or email us directly at info@LAWimmer.com
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