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Home > Assault > STATE v. M.H.

STATE v. M.H.

Offense: Aggravated Domestic Violence Assault (Class “B” felony)

Maximum Penalty: 10 years prison; $20,000.00 fine; 5 years probation

Summary: Client was accused of brutally attacking and injuring his live-in girlfriend.  The “victim” had injuries to her wrist, vertebrae, head and neck and ribcage; all of which were consistent with being repeatedly slammed into an object as the victim alleged occurred.  Client insisted that the “victim snapped” and attempted to jump out a window.  He insisted that he attempted to prevent her from severely injuring herself and that she began to throw herself repeatedly into a set of furniture.  Client was concerned for the physical welfare of the “victim” and attempted to restrain her so she wouldn’t cause herself any harm.  Client insisted that he never tried to injure the “victim” and was only trying to keep her from injuring herself while she was in this highly emotional state.

Result: Client insisted he was innocent and submitted to a polygraph conducted by our polygrapher.  In addition to passing the polygraph with flying colors, our PI interviewed other witnesses who the police chose not to interview or missed during their initial investigation.  Client’s polygraph results as well as witness statements that greatly diverged from the victim’s version of the events allowed for a more free-flowing discussion with the DA about the case.  Ultimately, the DA invited my client to testify before the Grand Jury, which returned a “no-bill of indictment”.  As a result, the charges against my client were dismissed.  This is one of those cases where we had a DA who was willing to hear my client’s side of story and allowed the Grand Jury to hear his testimony, which resulted in the “no-bill” finding.  Were it not for the DA’s willingness to listen to my client and the invitation to testify, this case may have turned out differently and an innocent man could have been convicted of a crime he didn’t commit.

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