STATE v. C.D.
Charge: DOMESTIC VIOLENCE ASSAULT
Maximum Penalty: Punishable by up to 364 days in county jail and up to $2,000 in fines plus a $600 surcharge as well as 2 years probation and completion of the Certififed Batter's Intervention Program.
Summary: Client allegedly struck and beat his wife following an argument. Client allegedly strangled client and pinned her down with his knees while he beat her with his fists. We successfully argued that our client was not guilty of an assault, but was engaged in an argument and that the victim had made up the "assault" because our client had severed his relationship with her and demanded that she leave the home. The victim was afraid that once she left she'd be literally out on the street with nowhere to go and no way to support herself. This was the impetus for the "story" she told the police.
Result: The State Granted our client a second chance and offered a 15-month Deferred Disposition. Our client will engage in therapy, classes, and maintain a clean record during the deferred period. The State will dismiss the charges upon successful completion of the deferred period.