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Domestic Assault Continued for Dismissal

CASE TYPE: Domestic Assault

RESULT: Continuance for Dismissal

Earl’s client was charged with misdemeanor domestic assault after an incident with his girlfriend turned physical. The alleged conduct was minimal, that Earl’s client grabbed his girlfriend’s wrist and then let go.

In preparing the case, Earl went to work examining the evidence and prepared to present his client’s story to the prosecution. Earl pointed out several issues the prosecution had with their case, including the minimal alleged conduct, the existence of a legitimate claim of self-defense, and that his client had no prior criminal record.

Based on all this information, the prosecutor agreed to continue the case for dismissal for one year. If Earl’s client did not commit any new offenses over the next year, completed an anger management assessment, and paid a small court fee the case would be dismissed. Earl’s negotiation prevented his client from having a conviction on his record. It also put his client in a position to have the charge expunged (sealed) after his discharge from probation.