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Home > Assault > STATE v. S.D.


Offense:  Domestic Violence Assault

Mandatory Minimum Penalty: 2 years probation; 1-year certified batter intervention program; $400.00 fine

Maximum Penalty: 364 days jail; 2 years probation; 1-year certified batter intervention program; $2,000.00 fine

Summary: The client had an argument with his girlfriend who had been consuming wine throughout the evening.  The girlfriend became irate with the client because he wasn’t showing her enough “appreciation” for some of the gifts she had bought him recently.  The girlfriend attempted to take back the smartphone she had recently purchased for the client and a struggle ensued over the phone.  During the struggle, the client attempted to calm the girlfriend down.  Eventually, the girlfriend, who was unable to wrestle the smartphone from the client, called the police and accused the client of assaulting her.

Result: Case dismissed on the day of trial.  The girlfriend signed an affidavit with my private investigator recanting her earlier story.  The girlfriend would testify that she was the aggressor and that she was impaired by alcohol as well as some mental health issues.  DA dismissed the charge immediately before trial.

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