Assault Family Violence Dismissal

Jun 13, 2014

OUTCOME: Charge Dismissed

I recently represented a young man who had been charged with assault family violence. On the night of the incident, the client and his girlfriend had gone over to a family member's house to celebrate h ... is birthday. After a long night of very successful partying, the client and his girlfriend decided to call it a night and head back to the home that they shared together. Upon arriving back at their home, the girlfriend attempted to wake the client up, who had passed out in the passenger seat of the vehicle on the way home. Having partied just a little bit too hard, the client became confused and agitated when his girlfriend woke him up because he did not know where he was, and he was worried about his son. In a panic, the client began to yell and run around the outside area of his home looking for his son (who was inside) while his girlfriend attempted to calm him down and get him inside their home. Hearing the commotion outside, a concerned neighbor woke up and called the police. The neighbor, who only witnessed a very small window of the entire episode, called 911 and reported to the police that he had heard a man and woman yelling at each other, that they were chasing each other around the street, and that the man had taken a "wild swing" at the woman. Police were dispatched to the scene. As the responding officer approached the scene, he stated in his report that he had observed the client lunge and swing at his girlfriend with a closed fist. In addition, the officer stated that the client had struck his girlfriend with his right arm and torso. Based on the neighbor's statements, and what little the officers had observed at the scene, the client was eventually placed under arrest for assault family violence. Shortly afterwards, the arresting officers interviewed the client's girlfriend who informed them that the client had simply been intoxicated, upset, and confused. Most importantly, she stated that the client had not stuck her or made any physical contact with her. From the very beginning of the case when the formal charge was filed, it was clear that the State was going to work aggressively and do everything in their power to secure a final conviction for the assault family violence charge that the client was facing. The prosecutors that were assigned to the case tried every which way possible to keep me from obtaining and gaining access to the evidence that they were planning to use against the client at his trial. Several motions were filed back and forth by myself and the prosecutors requesting/objecting to specific forms of relief from the Court. The case dragged on for months. It all came to a head as both sides were preparing for trial. The prosecutors were planning all along to call the client's girlfriend as a witness so that she could testify against him at his trial. Knowing this, I was able to secure a sworn statement from the girlfriend stating that she did not wish to testify against the client and that, if compelled to do so by the State, she would testify that the client had not struck or made any physical contact with her. Having essentially lost their star witness, the State would have to proceed with only the neighbor's and officers' testimony. After poking holes in the neighbor's statement and the officers' reports and bringing out the overriding weakness associated with the State's case, the prosecutors folded and dismissed the assault family violence charge against the client. No conviction. No probation. No fines. And, no community service. The client walked out of the courthouse with his girlfriend that day as a free man. Furthermore, he would be eligible for an expunction which means his criminal record will remain squeaky clean.