Charge: DV Assault (Class D)
Maximum Penalty: $2,000.00 fine; 364 days jail; 2 years probation; completion of the Certified Batters Intervention Program
Summary: Client was arguing with her husband and another party reported the argument. Police arrived on scene and the husband indicated he was attacked by his wife who scratched his face and hit him in the genitals. Husband did not provide a written statement.
Result: Case was dismissed. We successfully argued that the report the officer made of the events was totally inaccurate as there was no video/audio to back up what the officer reported. In addition, because the victim was no longer cooperating and didn’t provide a written statement, the state had nothing to work with. State’s attorney agreed and dismissed prior to hearing. Client was in law enforcement and was pleased to learn of the dismissal as it would have cost her her job if convicted.
