Assault

Outcome: Not Guilty

Description: Defendant was involved in a domestic dispute over the care of his child. His child's mother had a new boyfriend who was interfering and obstructing him from obtaining his son from his car seat. There was a struggle, and my client broke the finger of the other gentleman. First, I pursuaded the prosecutor's office to charge this case as a misdemeanor instead of an Assault 2 (because there was signification injury). After a trial in Snohomish County District Court, Evergreen Division (in Monroe, Washington), the jury agreed with my argument that there was no criminal intent. They returned with a NOT GUILTY verdict in about 20 minutes. This avoided the potential penalties of a year in jail, $5000 fine, and, of course, the potential loss of visitation with my client's son.