Woman Acquitted of Assault on Police Officer
Most Police Officers will agree that Domestic Disputes oftentimes involve some of the most dangerous situations that they encounter because they never know what to expect. Are the parties intoxicated? Are they armed? What is the level of tension which persists in the situation and so forth. Also it is quite common for one of the parties to turn on the police even though that person may have been the one who was victimized and who called the police in the first place. This is the situation which we had in a trial this week, where allegedly due to her boyfriend’s intoxicated and belligerent actions, our client called the police. When they a arrived, the situation escalated and the police allege that they came under attack by the boyfriend, causing one of the officers to draw his baton and swing at the boyfriend in an effort to subdue him. At that point our client jumped on the officer’s back was thrown off and then kicked at the officer’s wrist in an effort to prevent his use of the baton. We successfully argued that our client’s intent was not to injure the officer but only to prevent the use of the baton. We had the Aggravated Assault and Resisting Arrest charges dismissed at the Preliminary Hearing. She was found not guilty of the remaining assault charge at trial.