Offense: Aggravated Domestic Violence Assault (Class B Felony)
Maximum Penalty: 10 years prison, $20,000.00 fine, probation
Summary: Client was married to the “victim”, who had a history of alcoholism. “Victim” accused client of strangling her and smashing her head off of the ground during a drunken argument. Client denied the allegation. Allegation of domestic violence wasn’t reported to law enforcement until nearly 2 weeks after the alleged attack when the “victim” was pulled over for drunk driving. During the OUI investigation, the “victim” told the arresting officer that she was only driving to escape her husband who was acting in an abusive manner and had assaulted her nearly 2 weeks previously. The “victim” showed the officer a rather grevious injury to the top of her head, which is when the DV investigation began. The client was arrested later than night and charged with felony Aggravated Domestic Violence Assault.
Result: We presented our investigation to the DA, which included a subpoena for the “victim’s” employment records. DA agreed that it would be difficult to prove the felony DV charge by proof beyond a reasonable doubt and dismissed the felony DVA charge. Client ultimately pled guilty to a class E misdemeanor Disorderly Conduct for no jail and no fine. This arrangement allowed the client to continue to hunt and to own / possess firearms.
