Offense: Domestic Violence Assault; Domestic Violence Criminal Threatening
Maximum Sentence: 364 days jail on each charge, 2 years probation and enrollment / completion of women’s certified batters program
Synopsis: Client was being stalked by a former employee (alleged victim) who was infatuated with her. He had previously assaulted her in the parking lot of a public shopping center yet law enforcement took no action based on the report. Alleged victim came to the Client’s home where an altercation took place. The Alleged victim (a large male) then called law enforcement on the Client and lied, stating that the Client had threatened him with physical harm, had assaulted him and had broken his phone. The client was ultimately charged and placed on bail.
Result: We had all the charges dismissed in light of the State’s admission that there were serious proof problems in the case. Most important was the fact that we presented the DA with evidence that she was the ongoing victim of stalking, perpetrated by the alleged “victim”.