Advocating for Woman Who Said She Was Not Assaulted – Case Dismissed
RESULT | Dismissed
A man and woman were leaving a concert after a long night. They were frustrated as they were trying to get a car to pick them up and take them home. They were verbally arguing about whose home to go to and while they were arguing, the woman tripped and fell. A third party called the police and reported that the man had pushed the woman down on the ground. After doing investigation, it was revealed that the “neutral” third party who called the police was actually someone who had experienced domestic violence in the past. The chaos of the evening and the lens through which she saw the argument and fall led her to assume the woman had been pushed. After presenting information about the woman and her version of events, and information about the third party who called the police, the prosecutor was persuaded no assault occurred and dismissed the case.
Domestic Violence Assault Case Where Client Admitted Pushing His Wife
RESULT | Dismissed
Client was accused of assaulting his wife after he admitted to pushing her up against a wall. She then grabbed a knife and came after client and he used his hands to disarm his wife. She followed him to another location of the house and client had a video of wife threatening to stab him. After litigating the admissibility of the client’s admission that he pushed his wife, admission to pushing the wife was deemed inadmissible. After this ruling the prosecutor dismissed the case.
Domestic Violence Assault Case Where Client Admitted Pushing His Wife
RESULT | Dismissed
Client was accused of assaulting his wife after he admitted to pushing her up against a wall. She then grabbed a knife and came after client and he used his hands to disarm his wife. She followed him to another location of the house and client had a video of wife threatening to stab him. After litigating the admissibility of the client’s admission that he pushed his wife, admission to pushing the wife was deemed inadmissible. After this ruling the prosecutor dismissed the case.
Domestic Violence Case Where Alleged Victim Had Left the United States
RESULT | Dismissed
Client was accused of assault by woman who had since left the country. After reviewing the evidence that remained in the case, Jennifer Horwitz concluded the case against her client could not be proved and set the case for trial. After outlining for the prosecutor the deficiencies in the case, the prosecutor dismissed the case.
Second Domestic Violence Assault Charge Involving Same Alleged Victim
RESULT | Dismissed
Repeat client whose domestic violence case was previously dismissed, hired Jennifer Horwitz a second time when his same girlfriend accused him of assault for a second time. After reviewing all of the evidence, it was clear that the client had locked his girlfriend out of the house because she was intoxicated and out of control and that no assault took place. Someone who saw the girlfriend walking around in their yard crying and intoxicated called the police. The girlfriend was angry about having been locked out and said the client assaulted her. After presenting all of the evidence to the prosecutor, the prosecutor agreed it could not prove an assault had occurred and dismissed the case, even though this was the second time this woman had alleged an assault by the client (the first case was also dismissed).
Domestic Violence Assault (2nd Degree) — 911 Tape of Call by Client Lost
RESULT | Dismissed
A man was charged with hitting his girlfriend and causing serious injuries. Defense investigation revealed that the man had been injured first and very seriously by his girlfriend and that it was he who had called 911. The defense documented his injuries and retained an expert to testify that his injuries were life-threatening at trial. At trial, it was revealed that the prosecution had lost the 911 tape which showed that it was the man who contacted the police for help. After convincing the court that this was a legitimate self-defense case and that a critical piece of evidence had been lost, the case was dismissed.
Assault (Fourth Degree) — Client’s Girlfriend Injured
RESULT | Dismissed
The police were called to an apartment by a neighbor who heard yelling coming from an apartment and became concerned. The police knocked on the door of an apartment and saw a man in the apartment and a woman in bed covered by a sheet. When the police spoke to the woman, they saw she was injured and had been drinking. She indicated the man did not cause the injuries but that he had pushed her. The police were concerned about the presence of a sword in the apartment, though there was no allegation the sword had been used in any way during the incident. The case was set for trial, witnesses were interviewed and the case was dismissed prior to trial.
Domestic Violence Violation of Protection Order — Attempt to Alienate Kids
RESULT | Dismissed
A man who in the middle of a divorce had the right to have visitation with his children. The mother was attempting to alienate the father from his kids and no longer wanted the father in her life or the life of the children. When she could not achieve this goal through litigation in the family law case, the woman manufactured a reason to seek and obtain a protection order. She then falsely reported a violation of the protection order and the man was charged with that crime. The defense gathered a large amount of information that called into question the motives and credibility of the woman. The defense convinced the prosecutor that the woman was not credible and was likely making the criminal complaint so that the Court would agree that the man should not be able to visit with his children. The prosecutor dismissed the case.
Domestic Violence Violation of Protection Order — Accuser Credibility Issues
RESULT | Dismissed
During an acrimonious divorce, a woman accused her ex-husband of violating a protection order. In actuality, the woman had been harassing and stalking the husband and others associated with him. After compiling a packet of information regarding the ex-wife’s activities and submitting it to the prosecutor with a persuasive letter, the prosecutor decided to dismiss the charges against the man, indicating that she had been persuaded that the alleged victim had credibility issues.
Domestic Violence Assault (4th Degree) Accusation During Child Custody Fight
RESULT | Dismissed
A woman was accused of assaulting her child’s father by pushing him backwards toward or into his car during an argument. The argument occurred because the father did not make it clear to the woman where the child was. The accusation of assault by the father of the child arose simultaneously with the end of the relationship between the woman and the child’s father and a custody battle over the child as well as arguments over the division of assets between the couple. The defense brought some issues to the attention of the prosecutor about the allegation and prior allegations made by the father of the child that raised some questions about his credibility. In the meantime, the family case was resolved by a family law attorney with some requirements of the woman that addressed the prosecution’s concerns about the woman. The criminal case was dismissed.
Domestic Violence Assault (4th Degree) for Parental Discipline
RESULT | Not Guilty at Trial
A hard-working, law-abiding man was charged with assault for disciplining his teenage step-children at their mother’s request. The man used other progressive forms of discipline before resorting to hitting the children with his belt. Despite photos showing injuries to both teenagers, the man was found not guilty because the jury agreed that he was using reasonable parental discipline.
Assault (4th Degree) Domestic Violence
RESULT | Charges not filed
An argument broke out between family members at the graveside of someone in the family who had passed away. A woman’s father-in-law accused her of assaulting him even though she was the one who had been injured in the confrontation. The woman’s father-in-law was angry because he was in the middle of a divorce and the woman was supportive of her mother-in-law. After presenting evidence of the woman’s injuries to the prosecutor as well as information regarding her father-in-law’s stalking and victimization of her mother-in-law, the defense convinced the prosecutor that it should not bring charges against the woman, who was a mother with no prior criminal history.
Harassment Charge After Breakup
RESULT | Not Guilty
A gentle and law-abiding man was charged with threatening to hurt his ex-girlfriend. After investigation to prepare the case and cross-examination of the girlfriend at trial, the jury concluded that the ex-girlfriend had fabricated the story as retaliation for the man breaking up with her.
Assault (4th Degree) — Nurse Charged with Assaulting Her Boyfriend When She Was Actually the Victim
RESULT | Dismissed
A woman with no prior criminal history and a nursing license was assaulted by her boyfriend after they had been drinking in celebration of her birthday. The woman attempted to defend herself. She then called the police, but the boyfriend took the phone away from her and reported that he had been assaulted. When the police arrived, they concluded that the boyfriend, who had a prior domestic violence assault conviction, was the victim, and they arrested the woman. After doing some investigation on the case, including interviewing the boyfriend’s prior domestic violence assault victim, the defense conferred with the prosecution and convinced them that the woman was the actual victim in the case.
Representation of Alleged Domestic Violence Victim Whose Glasses Were Broken By Her Husband
RESULT | Dismissed
A husband and wife got into an argument at their home. The man ended up breaking the woman’s glasses and the woman called the police. The woman said she did not want the man arrested, but just wanted a record of what had occurred. The man was charged with domestic violence assault. The prosecutor agreed to dismiss the case after receiving a letter from counsel on the woman’s behalf arguing that the case should not be prosecuted.
Representation of Alleged Domestic Violence Victim Who Denied Assault
RESULT | Dismissed
A husband and wife were on their way home from a weekend night out. The woman was intoxicated and had an agreement with her husband that he was to keep her safe and not allow her to take off on her own, which she often tried to do while intoxicated. Witnesses saw the man try to physically restrain the woman and believed what they were witnessing was a domestic violence assault. They called the police and the man was arrested. The woman always maintained that her husband had not assaulted her. The husband was charged and a no contact order was issued. After appearing at a hearing with the woman, the court agreed to lift the no contact order and after persuading the prosecutor that no assault had taken place, the case against the husband was dismissed.
Assault (4th Degree) — Domestic Violence Report By Woman Pushed out of the Bathroom
RESULT | Dismissed
A professional man in his sixties, with a loving family and successful career, had no prior criminal history but was having trouble in his marriage over an issue that had angered his wife. As he and his wife were verbally arguing, he requested that she leave him alone to take a shower. The wife proceeded to follow the man into the bathroom and continue to argue with him. The man pushed the woman out of the bathroom. The woman called 911 and the man was charged with domestic violence assault. After presenting the prosecution with information about the man, and the man attending a two-hour class about domestic violence, the prosecution agreed to dismiss the case.
Assault (4th Degree) — Domestic Violence by Parent toward Assaultive Teenager
RESULT | Dismissed
A professional and law-abiding man got into a verbal argument with his eighteen-year-old daughter because the daughter announced she was leaving and would not disclose where she planned to spend the night. The daughter began to physically assault the man after he attempted to block the door to prevent his daughter from leaving the house. The daughter hit the man with a shoe, threw a chair at him and bit him. The man then hit his daughter in the face and was charged with domestic violence assault. The defense interviewed the daughter, who was honest about her role in the incident. After presenting the prosecution with information about the man, who had no criminal history and was a professional, and after the man agreed to attend a 1-day anger management class, the prosecution agreed to dismiss the case.
Domestic Violence Assault (4th Degree) — Teenager Fabricates Allegation Against Father
RESULT | Dismissed
A teenager with a prior drug and mental health history accused his father of assault, alleging that the father punched him and ran over his foot with a car. The father had no prior criminal history and was a legal professional with his own business. After interviewing witnesses, compiling evidence about the teenager and the father, as well as obtaining pictures taken of the teenager by law enforcement, the defense was able to persuade the prosecution that the allegation was fabricated and the case was dismissed.
Domestic Violence Assault (4th Degree) — Graduate Student Charged with Assaulting his Girlfriend When There Evidence He Was the Real Victim
RESULT | Dismissed
A young man in graduate school with no prior criminal history was accused of assaulting his girlfriend. The girlfriend alleged she had been kicked and punched repeatedly and that she was covered in bruises, but the police took no pictures and reported seeing no injuries. The girlfriend was covered in the man’s blood when the police arrived. She alleged he had punched a mirror in anger. The man said the girlfriend had attacked him with the mirror. He had serious injuries to his hand. The girlfriend had some training in martial arts. There had been a previous incident where the girlfriend had been arrested after assaulting the man. In the previous incident, she was covered in the man’s blood when the police arrived. After the defense interviewed several witnesses and pressed for contact information for additional witnesses that the girlfriend said would corroborate aspects of her story, the girlfriend stopped participating in the prosecution and the case was dismissed.
Domestic Violence Assault (4th Degree) — Young Man Charged After Witness Said He Pushed His Girlfriend to the Ground outside Concert
RESULT | Dismissed
A young man who had been drinking and who had no prior criminal history was accused by a witness of pushing his girlfriend to the ground on a dark, rainy night outside a concert venue. The girlfriend told police she had tripped and fallen in the mud and that her boyfriend had not pushed her. The defense presented the prosecutor with information obtained through investigation and character references as well as proof that the man did not have an alcohol problem. The prosecution agreed to dismiss the case.
Domestic Violence 4th Degree Assault – From Warrant Status to Dismissed
RESULT | Dismissed
A man had a case from when he was living with his boyfriend and two other roommates and one of the roommates had reported that the man had assaulted his boyfriend. The man failed to appear for court and the case was in warrant status. After quashing the warrant, investigating the case and conferring with the prosecutor’s office about their proof problems, the case was dismissed.
Domestic Violence Assault 4th Degree — Girlfriend reported assault but she also caused property damage
RESULT | Dismissed
This fact pattern was at play in two cases that were both dismissed. In both cases the woman initially reported an assault. The woman also had admitted to causing property damage during the argument with her husband/boyfriend. In both cases, in the course of representing the girlfriend and wife who did not want the charges to be pursued, the cases were each dismissed.
Domestic Violence Assault 4th Degree — Two Witnesses Report Assault
RESULT | Represented alleged victim – Dismissed
A man had been dating a woman for a few weeks and was meeting her friends for the first time on a camping trip. The man suffered from diabetes and had forgotten to bring insulin to the campground. He had been fighting with the woman at the campground because she and her friends had been using drugs. Once he realized he needed his insulin, he got into the woman’s truck and left the campground to go get his insulin. He picked up belongings he had left at the woman’s apartment and left her truck there. The woman initially reported that her truck had been stolen but when the police could not take any action on the report (because she had given the man her keys), she then reported that the man had assaulted her. A friend at the campground reported that she had seen the assault. After investigating the case and pointing out problems with the case to the prosecutor, the case was dismissed