July 17, 2024
Domestic Assault and Battery
Client was an all-around pleasant hard-working client. He was charged with Domestic Assault and Battery. The police were called to his girlfriend’s apartment for a disturbance. When police arrived they interviewed his girlfriend who stated that client got angry over a text message and grabbed her by the hair and started to repeatedly slapping her in the face. Police noted that accuser had blood on her hands which she stated was from her nose. She was checked out by EMT’s, and client was arrested. The case proceeded through the normal course post-arraignment. Here, the decision was clear that we could not accept any guilty conviction, nor can we accept even an admission to sufficient facts where the case would eventually be dismissed. The reason we could not accept either is the client was a green card holder and the consequences would have been negatively impactful as an immigration consequence, aside from all normal impacts that a criminal case has on a person. Right away we developed a long written historical summary of the client, complete with attachments, supporting affidavits and other helpful material. We took that information and met the assigned District Attorney who diligently reviewed everything and agreed that they would cease prosecution with an agreement that the get screened for any alcohol abuse, which he will easily and successfully complete. The case remains “open” for a year and the client always keep the presumption of innocence and admits no wrongdoing.
RESULT: No Admission of Guilt for Domestic Assault and Battery