Our client was charged with felony assault following an altercation at a scrap yard where he had previously worked. The alleged victim claimed our client assaulted him during a confrontation at the property. A conviction threatened our client with felony penalties, incarceration, and his ability to continue caring for his wife, for whom he served as the primary caregiver given her serious health condition.
Our defense team conducted an extensive investigation and thoroughly examined the witness statements, surveillance video, and the circumstances leading up to the incident. The evidence demonstrated that the alleged victim had a history of aggressive behavior, that multiple witnesses supported our client’s account, and that our client acted reasonably in fearing he was about to be attacked. We aggressively challenged the prosecution’s evidence at the preliminary hearing, exposing significant weaknesses in its ability to establish probable cause.
Following the preliminary hearing, the court dismissed the case. Our client avoided felony prosecution and was able to remain with his family, continuing to care for his wife without the burden of an ongoing criminal case.