Case Conclusion Date: 08.13.2008
Practice Area: Criminal Defense
Outcome: Not Guilty of Aggravated Assault
Description: A husband and wife were charged with aggravated assault after an incident outside of a bar in which a man was cut with a knife. The victim in this matter testified that my clients and an unknown third party exchanged words after leaving a bar leading to a physical confrontation in which he was stabbed. The defendants did not deny that they exchanged heated words with the victim, or that he was stabbed, but simply that it was someone else that stabbed the victim. Great investigative work and trial preparation enabled us to discredit the victim’s testimony at trial. The jury was convinced that neither of my clients had cut the victim, but that they had only engaged in arguing and pushing and shoving the victim. They found them guilty of only the much lesser charge of offensive touching assault, a class B misdemeanor. The Judge then granted a judgment of acquittal for one defendant finding the evidence was too weak to support any conviction. The other defendant was sentenced to a brief diversion sentence making his conviction eligible to be cleared from his record. Since that time, the Court has granted expungement motions for both defendants clearing all public records of the matter.