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".
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. .
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 your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP email@example.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation
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