Perry de Marco, Sr. was successful in having two counts of aggravated assault dismissed on March 27, 2014, in a case where our client, while watching the Eagles v. Saints game was holding a fully loaded Tec 9. The Eagles scored, he jumped in excitement, discharging the gun! The single round hit the legs of his little brother and the brother's friend who were sitting next to him on the couch. Both kids were treated and released with minor injuries. We argued that the Commonwealth failed to prove Malice, a necessary element of Aggravated Assault.