Results: Assault Case Dismissals
These summaries do not guarantee results in any future case. The outcome of any individual criminal case depends on the facts and the law in that case.
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Assault with Bodily Injury.I wrote about this one in my March 28, 2008 Criminal Law Blog. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence.This case proves that confusion is often best resolved by talking, not by arresting, first. My client and her husband were not getting along one day. They were both pretty upset, so her husband went up into the restroom they shared to take a shower and calm down. Meanwhile, my client's mother was trying to place a foreign phone call, and dialed "91118657..." You get the idea. Her phone call never went through, or rather it went through to 911. But because she spoke no English, she could not explain that this was all a misunderstanding. APD came to the door looking for a domestic violence call and they looked for one until they thought they found one. Namely, the police were at the bathroom in which my client was taking a shower. Finally, he let them in and they decided he looked assaulted enough, so they arrested his wife. Result: case dismissed. Click here to see enlarged image. |
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Assault With Bodily Injury.This case turned into a bit of a brawl between the State and the Defense. My client was a former employee of the Austin PD who had been accused of assaulting another person inside the main headquarters of APD. My investigation of the facts showed good grounds to argue that my client was being selectively prosecuted. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence.My client was accused of assaulting his companion. My investigation showed that my client's companion was bipolar and was frequently not truthful; also, to put the case in context, my investigation showed that my client had just learned that his companion had had an affair. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. My client's girlfriend claimed that my client had kicked her. My investigation showed that my client's girlfriend had no visible injuries, and that she admitted that she only called the police because she was mad at my client. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. My client was charged with assault three times for a single assault, arising out of a single criminal "transaction" and "episode." Bottom line: the State can't turn a single assault into three separate assaults. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Same situation as above dismissal. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence.Same situation as above dismissal. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence.My client's boyfriend reported my client for allegedly biting him on his leg during a fight. What he failed to mention to the police was that he was trying to take my client's dog; my client was permitted to prevent the consequences of theft. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Class A Misdemeanor. Police arrested my client after a relative accused him of assault. My investigation – which included 11 witness statements – showed that the accuser was mentally ill, an habitual liar, and that my client was innocent. This case was not reduced and refiled. It was dismissed outright. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Class A Misdemeanor. Police report said my client punched out her roommate for no reason. Police did no investigation other than to talk to the alleged victim. Prosecutor got medical records showing that the victim had two black eyes and a broken nose. My investigation showed – through 5 witnesses' sworn statements – that the alleged victim had assaulted my client when my client refused to let the "victim" drive while intoxicated and then later assaulted my client when my client tried to take her clothes and leave the apartment. If you look closely at the Dismissal Form, you'll see an "x" next to a sentence that says "Other: Deferred Prosecution." Deferred Prosecution basically means the case is dismissed, so long as the Defendant takes a class or performs some community service. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Police report accused my client of assaulting her boyfriend by biting him. My investigation showed that the boyfriend was much bigger than my client (boyfriend was approximately 6'4" and 280 lbs.). Also, my investigation showed that my client bit the boyfriend in self-defense because the boyfriend was choking my client. Case was set for trial, but prosecutor dismissed when he saw he could not prove his case. If you look closely at the Dismissal Form, you'll see an "x" next to a sentence that says "Other: pending further investigation." That means if the prosecutor later figures out how to prove the case, he can refile it. That rarely happens. Result: case dismissed. Click here to see enlarged image. |
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Assault with bodily injury. My client was charged with having punched and kicked his significant other. The police interviewed my client and he unfortunately confessed, and his confession was somewhat similar to his significant other's statement to the police. Result: case dismissed. Click here to see enlarged image. |
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Assault with injury. My client was charged with having punched a friend's neighbor in the face several times. My investigation showed that my client only punched the neighbor after the neighbor had threatened his friend some 6 times before, and the last time my client's friend was threatened with immediate injury. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Class A Misdemeanor. Client had already gotten a deferred prosecution and dismissal, then made a mistake by not following through on the agreement. The County Attorney filed the charges against him again. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Client and his spouse were arguing. Client realized that he was getting angry, so he said he needed to leave to cool off, and then drove off in his truck. Spouse became afraid that Client was leaving and not coming back. Spouse panicked and called 911. Police came and pressured Spouse into signing an Assault Victim Statement which said things that weren't true. I tenaciously went after evidence that proved that Spouse had denied that she had been injured at all from the beginning. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Client and alleged victim were arguing. Alleged victim told police that client approached her with a knife and told her to leave. Alleged victim told police she had called them to get the situation calmed down. I interviewed the alleged victim, who told me that the police told her that they could not do anything to help her unless she said that client had caused her pain. Client was arrested and put in jail. Without the alleged victim's approval, the police applied for an Emergency Protective Order, barring my client from entering client's home. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Witnesses told the police that my client grabbed his significant other in a "hug" which broke and bruised her ribs. After that, the witnesses said, he threw her up against a wall and then pinned her at her throat. I prepared the case for trial. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. My client's sister told the police that my client kicked her and hit her. My investigation showed that the sister did not know what caused her injuries. The sister admitted that she was clumsy and bruised easily. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Client's ex-boyfriend told police that he had gone to her apartment to talk to her. He said that when he arrived, she started to swear at him and that when he got up to leave, that she started punching him. My investigation showed that the ex-boyfriend had a strong financial motive to say these things. Result: case dismissed. Click here to see enlarged image. |
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Assault Family Violence. Client had argument with his wife. The argument became heated, so my client decided to leave the house for a bit to cool down. He got in his truck and left for a while. Client's wife became even more upset, thinking that her husband had permanently left her. She called the police and made a false report that my client had assaulted her. I took statements from my client's wife, her three children, and my client's brother and cousins. Predictably, the statements differed on minor points, but everyone was clear that no assault took place. Result: case dismissed. Click here to see enlarged image. |





















