The Alleged Crime: My client was charged with one count of Battery Domestic Violence, a misdemeanor.
The Evidence: The alleged victim claimed that her ex battered her while kicking her out of the house, including grabbing her arm, hitting her, and knocking her to the ground. Officers arrived at the scene. No charges were filed at that time. Several days later, the alleged victim sent photographs to police of injuries she said were a result of the battery.
The Trial: After cross-examination of the alleged victim and two police officers, I was able to show that the alleged victim’s story didn’t ring true. In fact, the responding officers did not even file charges at the time because they did not find probable cause to do so. On the stand, the alleged victim claimed that she was so scared of my client that she barricaded the door of her bedroom to keep him out before he even returned to the residence. She said he still managed to break down her door, grabbed her arm, took her phone, knocked her to the ground, and battered her. She claimed that he took her gun from her bag so she couldn’t protect herself. Only after the alleged victim provided additional information to police at a later date, were charges filed against my client. By playing the alleged victim’s 911 calls, I was able to reveal that she had lied to dispatch and said there were no weapons in the home despite having a gun in her possession. Moreover, I was able to reveal through cross-examination that her story didn’t line up and there was no evidence at the time of the officers’ arrival on scene to corroborate the alleged victim’s story.
The Outcome: My client was found not guilty of all charges.