Assault Family Member – Class A Misdemeanor
Criminal Mischief $100 < $750 – Class B Misdemeanor
Criminal Trespass – Class A Misdemeanor
*All three cases dismissed*
This client was in some serious trouble and hired me to fight his cases. He was facing at least one year in jail for Assault- Family Member and it could be more with fines and other pending misdemeanors. He was also on bond for a felony theft case. While on bond for the felony, he was charged with Assault- Family Member. Specifically, he was accused of going to his girlfriend’s dance studio and striking her in the face. There were several witnesses and the state had a strong case.
Class A misdemeanor Assault Family Member, Criminal Mischief, and Criminal Trespass
is punishable by up to one year in jail and a fine of up to $4,000. When domestic violence is alleged, a case cannot be sealed even if the case is dismissed through deferred adjudication.
After my client bonded out for assaulting a family member, he was accused of going back to the complainant’s home and breaking down the door to her home. My client had been living with the complainant, but there was a protective order in place that clearly stated he was not allowed to go around the complainant. This allegation led to him being accused of Criminal Mischief (Class B misdemeanor for breaking down the door, which carries a punishment of 180 days in county jail) and he was charged with Criminal Trespass for going to her house (Class A misdemeanor, which carries a punishment of one year in county jail).
On our first day in court, we were met with a tough prosecutor who did not want to hear our side of the story. Granted, my client was on felony bond and then picked up three new cases., However, there are always two sides to every story. In this case, my client was in a bad relationship and the complainant admitted to hitting my client. Then, after he bonded out, he was forced to go back to his home because he had medical complications and needed his medications that were in their shared bathroom.
Ultimately, if you are charged with a criminal case, you need an attorney that will fight for you no matter how bad the odds are stacked against you. My client was on felony bond and we were faced with three misdemeanors that carry serious jail time.
I met with the complainant who provided an affidavit of non-prosecution. An affidavit of non-prosecution is a sworn statement from the complainant explaining how he or she wants the case or cases dismissed. This is a common tool used by any experienced criminal defense attorney. We provided the prosecution with an affidavit of non-prosecution. Sometimes the prosecution will want to contact the complainant for a follow-up interview, which happened in this case.
After over a year of fighting three cases while on felony bond, all three cases were dismissed. My client was thrilled to get his life back. We started out with three misdemeanor cases while on felony bond and ended with all cases dismissed.