People v. Whiteaker (Jury Trial -- Assault & Battery)
May 02, 2013OUTCOME: Jury Trial -- 2 counts dismissed, one count acquitted, one count hung
Client was charged with 4 counts of assault and battery. Facts: Client was intoxicated and got into a fight with his 16-year old stepson. The boy's father entered the house and saw the Client on top o ... f the boy, choking him. When the father tried to defend his son, the Client punched the father in the face hard enough to knock a tooth loose. Client was charged with two counts of assault & battery against the step-son and an additional two counts of assault & battery against the father. Original Offer -- DA wanted Client to plead guilty to one count of battery with 3 years probation, search & seizure conditions, 5 days of Caltrans, 30 Alcoholic Anonymous classes, 10 Anger Management classes, $4400 in restitution and a protective order for the father. Jury Trial -- After the People finished their case, the judge granted our motion to dismiss all the assault counts. After we rested, the jury came back with not guilty one of the battery counts and hung on the other battery count. Final Result -- The DA gave us a new deal. Client pled guilty to one count of disturbing the peace with 3 years probation but an opportunity to terminate probation after one year assuming completion of 10 Alcoholic Anonymous classes and 10 Anger Management classes. No search & seizure, no Caltrans, no restitution, no protective order.
