Can aggravated assault charges be dismissed?

Asked almost 2 years ago - Lawrenceville, GA

police entered our home early one morning around 6am never once announcing search warrant police at any time my fiance and i believed it was a home invasion shot down or stairs in an attempt to prevent whomever from entering our home we could not see who was behind the door ,after he shot we ran into our kids room to protect them .the police shot up our stairs after entering .not until we were about to jump out of the window with our kids did i see that it was the police they held us at gun point not showing us a search warrant til after they tore our house apart not finding any drugs but now charging him with 5 felony aggravated assault charges 1 felony interfering with government property, and 1 misdemeanor charge of marijuana less than an oz help this is a nightmare he not guilty

Attorney answers (4)

  1. Angela Mary Kinley

    Contributor Level 7

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    Answered . You certainly have several issues that would potentially provide grounds for dismissal of the charges. Aggravated assault and interfering with governmental property are charges that require proof of intent of the defendant to commit the act. Certainly, if you reasonably believed there was a home invasion and that you were protecting yourselves, your home and your children, the element of intent would be placed into serious question, in addition to arguing self-defense. There may also be an argument related to the issuance and/or execution of the search warrant and if the search warrant is found to be invalid, the charges would likely need to be dismissed as "fruit of the poisonous tree".

  2. Noah Howard Pines

    Contributor Level 18

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    Answered . There are many issues in this case. You have a potential issue with both the issuance and execution of the search warrant. There is also the issue of your finace's intent in shooting the gun as well as potential self defense issues.
    I would be happy to talk to you about the case. Feel free to contact me at 404-812-4305 if you would like to discuss the case in detail. .

  3. Benjamin David Goldberg

    Pro

    Contributor Level 17

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    Answered . Those are serious charges, but it sounds like there might be some serious defenses to them. And yes, agg assault can be reduced. Get your fiancé a lawyer to help him fight this case.

  4. Robert M. Gardner Jr.

    Contributor Level 18

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    Answered . Yes they can be dismissed and, given the facts you have stated, they should be. However, because there were police who were fired upon, the prosecutor will not want to dismiss them and you should be prepared to try the case. An aggressive defense is your best option, and may result in the eventual dismissal.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more

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