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State v. Ms. K. (DMC No. 11328)

CONVICTION REVERSE/ ASSAULT– State v. Ms. K (DMC No. 11328) (Maricopa County Superior Court No. L2010-147459): Ms. K was involved in a divorce proceeding with her ex husband in which she was to gain possession of a Goldwing motorcycle. Per court order, she appeared with a Deputy in order to remove the motorcycle. Her ex husband had let the battery go dead, and he was stating that he could keep the license plate on the motorcycle. The Deputy told him that he could not remove the plate, as it was part of the motorcycle.

Later on that afternoon, Ms. K returned to retrieve the vehicle with a flat bed tow truck, and Mr. K again was attempting to remove the license plate. Ms. K told him 3 times not to remove the plate and she pushed him away from the motorcycle. He then called Police and she was charged with Assault. At Trial, the Judge did not allow Ms. K to argue “justification” of physical force in defense of property. We were then retained to handle the court case on Appeal. We argued to the appellate Judge that she did use reasonable force while defending her property. He agreed, and Reversed Ms. K’s Conviction and dismissed all assault charges against her. This allowed Ms. K to keep her nursing license.

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