STATE v. S.R.
Charge: Domestic Violence Assault
Maximum Penalty: up to 364 days incarceration, 2 years probation, 48 week certified batterers intervention program, and a $2,000.00 fine
Summary: Our client and her husband were involved in an argument over financial problems that escalated into violence. Her husband shoved her into the kitchen cabinets and wrestled her to the floor. She pushed him away and fled the home. She sustained a mild concussion, an injured shoulder and a sprained wrist. He presented with scratches on his neck. The responding officers arrested our client and charged her with Domestic Violence Assault.
Result: Our client, a licensed health-care practitioner, could not afford ANY conviction. The collateral consequences of the charged crime included her inability to get employment in her chosen field. We had to secure a dismissal. We hired a private investigator, interviewed the parties and other witnesses, and showed the prosecutor that the husband initiated the attack. Our client merely shoved him away to escape further injury. In this he-said/she-said environment, we were forced to get convincing witness testimony. Eventually, the prosecutor dismissed the charge and our client was free of her nightmare. She can now continue to work in her healthcare field.