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Assault First Degree
- Assault & Battery
Case Dismissed
A woman was changing her infant child when the child accidentally fell
to a carpeted floor. The woman’s husband was present in the room
and corroborated the event. The parent’s immediately took the child
to the local emergency room. After examination the child was sent home.
Two days later the mother, concerned for the child’s behavior, took
the child to the Pediatrician. The Physician’s Assistant assured
the mother that the child probably had a cold that was causing the concerning
behavior. Approximately two days after the Pediatrician visit the child
had a seizure and was rushed to the Emergency Room. The child was diagnosed
with a Subdural Hematoma (Bleeding in the Brain). The child was transported
to a University Hospital where the doctor at that facility alleged the
child was the victim of “shaken baby syndrome”. The Department
of Children and Families and the Police were notified. Both parents were
charged with Assault in the First Degree and the child was placed in a
foster home. After a thorough review of the child’s medical records
we determined the child had a preexisting condition making them susceptible
to a Subdural Hematoma if exposed too little of no trauma to the head.
Using an expert witness the case was disposed of with a dismissal of charges
and the return of the child to the parents.
-
Assault First Degree
- Assault & Battery
Case Dismissed
A young woman was being severely beaten by her boyfriend. She broke away
and locked herself in a bathroom. Believing the boyfriend had fallen asleep
she left the bathroom but the boyfriend emerged from an adjacent bedroom
and chased her as she ran for the backdoor. Realizing she could not get
out of the door before being caught she grabbed a kitchen knife and held
it in front of herself. The boyfriend ignoring the knife rushed forward
to assault her and impaled himself on the knife causing a serious wound.
The young woman called the Police but was extremely hysterical and upon
Police arrival had a difficult time explaining what happened. The young
woman was charged with Assault in the First Degree. By presenting photos
of bruising to both sides of the young woman’s face, both knees,
ruptured blood vessels in her eye, witness statements as to past conduct
of the boyfriend as well as his demeanor just prior to the assault we
were able to convince the State and Court to allow the young woman to
use a pretrial diversionary program. Upon successful completion the charges
were dismissed.
-
Assault with a Firearm
- Assault & Battery
No Arrest/Charges
The client, a young African American male, was an armed Security Guard.
While visiting with friends one night he was approached by another male
who he knew and lived across the street. This male, who appeared to be
under the influence of hallucinogenic substances became physically aggressive
and threatened to kill the client. This subject then reached behind his
back into the waistband of his pants and brought his hand violently forward
as if pulling a weapon to make good on his threat to kill the client.
Fearing for his like the client drew his own weapon and shot the subject
once in the chest. Fortunately the gun shot stopped the aggression and
was not fatal. The client was under investigation for Assault with the
firearm. By aggressively taking detailed statements we were able to show
that the client had a legitimate fear of the imminent use of deadly force
against him. The Police prepared a Warrant for the Client’s arrest
but had to include the exculpatory statements we provided. As a result
of the lack of cooperation of the second subject and the exculpatory statements
the State declined to go forward with an arrest.
-
Juvenile Investigation Sexual Assault
- Sex Crimes
No Charges
The client, a male juvenile in his mid-teens, was accused of Sexual Assault
by a female of approximately the same age. The client and the complaining
witness were with a group of friends. At one point the client and the
complaining witness were alone on the first floor while the friends were
on the second floor directly above them. By working closely with the Police
it was determined that the Sexual Assault could not have occurred without
the other people present becoming aware of it. All others present gave
statements consistent with the Client’s statement. No charges were brought.