Offense: Domestic Violence Assault; Aggravated Criminal Mischief (class “C” felony); Criminal Mischief
Maximum Sentence: 5 years prison and a $5,000.00 fine on the Aggravated Criminal Mischief
Synopsis: Client was charged with assaulting his wife and then wrecking the interior of his home with a claw hammer. The state alleged that the client did more than $10,000.00 worth of damage to the interior of his home, for which he had no right. We countered with the fact that the wife wasn’t on the deed and that she had no true property interest in the home until it was divided as an asset in the case of divorce. Since this wasn’t going to happen, it was a moot point. A lot of back and forth negotiation occurred before an agreement could be worked out. Client was extremely concerned about the possiblity of a criminal conviction for Domestic Violence and/or a felony conviction as he was a prominent member of his community.
Result: Client pled guilty to simple criminal mischief for an unconditional discharge (no fine or jail). Client was ordered to undergo counseling and the Domestic Violence Assault and felony Aggravated Criminal Mischief charges were dismissed.
