December 19, 2024
Assault and Battery
Client was a software engineer who was charged with assault and battery. According to the police report, client had had a female friend living with him when they had a late-night argument. The argument escalated into physical contact result in some minor marks on both client and the female friend. Each had clear and distinct stories about what had taken place that resulted in the police presence. Also, both client and other party each called police seeking law enforcement arrive to the home to assistance. The female party asked to be taken to the hospital which police facilitated. Normally, in situations like this, someone is nearly always taken in custody and charged the next day in court. However, in this case, the police exercised generous restraint and did not arrest either party. They filed for a clerk magistrate hearing and charged both parties. At the hearing, there was an agreement that probable cause for the charge does not exist, and the case was dismissed at the magistrate level, meaning no record of any criminal allegation.
Result: Cross Complaints Result in No Probable Cause.