DISMISSED AT BENCH TRIAL/NOT CHARGED | AGGRAVATED ASSAULT/ASSAULT – State v. Mr. J. (DMC No. 5201) (Goodyear Municipal Court CR2004-00251): Mr. J. and his wife were going through marital problems when he came home to tell her that he was filing for divorce. They reconciled and he spent the night together. As he got up in the morning, he decided that he was going to follow through with the divorce, and he went into the garage to pack his tools. There, his wife met him and began attacking him. He swung around with one of his tools and struck her in the head by accident. We were able to convince the Maricopa County Attorney not to file Aggravated Assault charges with a Deadly Weapon (which would have exposed him to 5 to 15 years in prison), and instead he was charged as a misdemeanor. We set the case to trial, and on the date of the bench trial the State was unable to proceed due to witness issues, and the case was dismissed.
