Felonious Assault
The case as presented:
Our client was charged with one count of Felonious Assault. The Prosecutor in his case was alleging that he stabbed the "victim." He was facing up to 4 years in prison if convicted of the felonious assault charge, along with up to $2,000.00 in fines plus costs.
How DK-Law advocated:
After meeting with our client and hearing his side of the story, we compared it to the statement made by the "victim," analyzed physical evidence and police report and determined that it was a clear case of self defense. A preliminary exam was conducted, in which the prosecutor was required to show probable cause that the felonious assault was committed and probable cause that he did it. At the conclusion of the preliminary exam, the judge ruled that the prosecutor failed to show that a felonious assault took place and the charge was reduced to a misdemeanor charge of aggravated assault.
The Result:
Sometimes having a felony reduce to a misdemeanor is a great deal for our clients. However, in this case, the charge being reduced to a misdemeanor still was not justice. The decision was made to proceed to trial. After informing the jury of all of the lies the "victim" made to the police and the court, the "victim" left the court house in the middle of trial and refused to return. The judge promptly dismissed the charges against Mr. Smith. That was justice!
