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Category Archives: 51 Assault/Domestic Violence Dismissals

ASSAULT, CRIMINAL DAMAGE and DISORDERLY CONDUCT DISMISSED at BENCH TRIAL – State v. Mr. T (DMC No. 12027) (Scottsdale City Court 2013-030918): Mr. T was a professional athlete who had played running back for the Arizona Cardinals. Police were called to his house by his then live-in girlfriend regarding a “domestic violence.” They had been arguing about personal matters and had “broken up” earlier that day. Mr. T had departed and then returned to the house with a plane ticket for his girlfriend to fly to New York (as a parting gift).

At that time, she walked into the bathroom and began smashing items on the ground. These items include of various perfumes and some picture frames. Mr. T held her in order to keep her from damaging any more property. She subsequently received a minor injury and then called Police.

When Police arrived, they observed various broken items and ultimately charged Mr. T with Assault, per Arizona Revised Statute ARS 13-1203, Criminal Damage per Arizona Revised Statute ARS 13-1602, and Disorderly Conduct per Arizona Revised Statute ARS 13-2904. Pursuant to policy, he was arrested and taken to Jail at that time. His young daughter was also in the household and was taken away by CPS. I received a call from Mr. T’s sports agent immediately after Mr. T had been released on his own recognizance. I then met with Mr. T at his house, toured the alleged crime scene and went over the facts of the case. After we interviewed both Officers involved and the CPS Specialist who met with the child at the Family Advocacy Center, we then began to attempt to have the charges dismissed by the Scottsdale City Prosecutors Office. The case was eventually set to Trial, and on the day of Trial, the State dismissed all charges.

PREVENTION of the USE of a TELEPHONE in CASE of EMERGENCY, ASSAULT and DISORDERLY CONDUCT DISMISSED at BENCH TRIAL – State v. Mr. C (DMC No. 8204) (Apache Junction Justice Court DV2007-0291): Mr. C and his girlfriend were engaged in an argument when he was accused of slapping her on her buttocks in a hard manner. His girlfriend called Police, and then the phone was grabbed out of her hand and hung up. When Police arrived, they arrested Mr. C and charged him with Prevention of the Use of a Telephone in a Case of Emergency pursuant to Arizona Revised Statute ARS 13-2915 (A)(3). He was also charged with Assault and Disorderly Conduct. We argued that he was not the one who grabbed the phone and hung up, but in fact it was his girlfriend who hung up the phone. There were also issues about Mr. C defending himself against his girlfriend’s attacks. When it came time for the Bench Trial, the Prosecutor choose to dismiss all charges against Mr. C.

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.

ENDANGERMENT/ASSAULT DISMISSED – State v. Mr. C. (DMC No. 6627) (Apache Junction Justice Court DV2006-0118): Mr. C. had received a call from ex-wife which had upset him.  He then sat down with his new wife, and three children, and began yelling at all of them.  She became scared and called police.  He was eventually arrested and cited for endangerment and assault.  We were able to show that he never actually touched anyone, nor would was there any real danger of anyone being harmed.  The Prosecution agreed to dismiss charges in exchange for Mr. C. attending classes per a “diversion” agreement.

 

ENDANGERMENT/ASSAULT and THREATS DISMISSED – State v. Mr. C. (DMC No. 9812) (Scottsdale City Court CR2010-030292): Mr. C. was travelling in the back of a cab with another passenger when he lit a bank receipt on fire and held it within a foot from the cab driver’s head and the roof of the cab.  The officer was directly behind the cab and witnessed the entire incident.  He pulled Mr. C. over, and charged him with endangerment, assault and threats.  After interviewing all of the witness and the cab driver, we were able to convince the Prosecutor that nobody was actually endangered, assaulted or threatened.  The Prosecutor agreed to dismiss all charges in exchange for Mr. C. taking alcohol abuse classes.

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.

DISMISSED AT BENCH TRIAL | ASSAULT – State v. Mr. M. (DMC No. 8820) (Tolleson City Court CR2008-0412): Mr. M. got into an argument with his stepson on Stanley Goff Drive in Tolleson, Arizona.  The altercation became physical, and the stepson then reported Mr. M. to the police.  Mr. M. was ultimately arrested and cited for Assault, and given a Restraining Order to stay out of his own house.  Mr. M.’s wife disagreed with her son, and had him go stay at the aunt’s house while the case was pending.  We were able to produce Mr. M.’s stepson’s criminal record which showed him to be dishonest and violent.  Ultimately, the case was Dismissed just prior to the start of his Bench Trial, and Mr. M. was allowed to return to his own house.

ASSAULT DISMISSED – State v. Mr. W. (DMC No. 10871) (Youngtown Magistrate Court CR2012-007): Police received a complaint of an argument at west Longley Avenue in Youngtown, Arizona.  When they arrived, they saw Mr. W. arguing with his girlfriend.  It appeared that there had been some type of physical contact between the two, and Mr. W. was automatically arrested (because he was the “male”).  We were able to convince the Prosecutor that this was not Mr. W.’s normal reaction to stressful events, and that he had been drinking.  In exchange for Mr. W. attending some educational classes, the Prosecutor agreed to dismiss all charges.

ASSAULT DISMISSED – State v. Ms. T. (DMC No. 4970) (Prescott Justice Court 2004-050318J): Ms. T. was a student a Yavapai College in Prescott, Arizona who got into a verbal altercation with another student regarding their opposing views on political issues.  At some point the alleged victim claimed that Ms. T. grabbed her wrist.  Ms. T. was ultimately charged with Assault and we became involved in the case.  We were able to prove that there was absolutely no bruising or any other indication that there had been physical contact.  In addition, the various witnesses within the hallway denied ever hearing any loud screaming or seeing the two touch each other.  We were able to have the Prosecutor dismiss all charges against Ms. T.

DISMISSED AT BENCH TRIAL |  ASSAULT State v. Ms. Q (DMC No. 9937) (Chandler City Court No. 10-C-3514831): Ms. Q. was engaged in argument with her husband, when she allegedly grabbed his hands as he was attempting to leave the house. The police were called, and Ms. Q’s husband then stated that he had been scratched on the face and a but in the head then pulled off his shirt. Ms. Q stated this occurred when he pushed her, she reflexively grabbed at his shirt to maintain her balance. Although the State was seeking to convict Ms. Q, this would have affected her nursing license. The case was then set to trial and when the State was unable to proceed with all their evidence, they were forced to move to dismiss all charges.

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