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State v. Ms. J (DMC No. 12366)

Dismissed at Jury Trial – Felony Child Abuse and Felony Aggravated Assault on a Child – State v. Ms. J (Oct. 13, 2014) (DMC No. 12366) (Pinal County Superior Court CR2013-00944): Ms. M was married to another woman (our client, Ms. J) who had two children (a 10 year old & a 12 year old).  During the course of the relationship Ms. M’s wife became separated from Ms. M and they were in the process of divorce.  They still shared custody of the children during visitation. At one point, Ms. M’s ex-spouse stated that the two children came home and claimed one had been whipped with a belt across their rear buttocks, and the other had been head butted by Ms. J.

Ms. M’s ex-wife then took the children to the Police and reported the incident.  She secured an Order of Protection, and was given Temporary Custody of both children.  The children were interviewed by Police, and confirmed the stories.  Ms. J was then charged with Felony Child Abuse per Arizona Revised Statute ARS 13-3623, and Felony Aggravated Assault on a Child.

We became involved in the case, and immediately secured the interviews and photographs of the children’s injuries. From the photographs, it did not appear the injuries were remotely close to the injuries described in the Police Reports.  We were also able to demonstrate that these allegations were being potentially used to gain an advantage in the custody battle.  Just prior to Jury Trial, the Prosecutor agreed to dismiss all charges if Ms. J were to do some Diversion classes.   Rather than risk multiple years in prison should she lose a trial, Ms. J agreed to do the classes in exchange for complete Dismissal of all charges.

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