Charges: Client was charged with Assault on a Female and Interfering with 911 Call
Case Result: Dismissed
Attorney: Luis Maradiaga
A client called the police when his wife became aggressive, grabbed him, and pushed their three-year-old child. When the police arrived they instead began investigating him. He insisted to the police he did not do anything, but they did not listen and continued to accuse him. At the end of the investigation, instead of helping our client, he was arrested and charged with Assault on a Female and Interfering with 911 Call.
The police officers spoke with the client’s wife, who claimed that our client had struck and hit her on the head. There were no visible signs of injury to her head, but with an assault, there isn’t always physical evidence. These situations are a he-said-she-said, and the side that is better prepared for trial is the one that most often comes out as believable. That’s when the husband decided he needed a criminal defense lawyer on his side.
The Defense Strategy
Attorney Luis Maradiaga stepped in and immediately moved to obtain the police reports from the district attorney’s office and review them. His primary defense strategy was to be trial-ready. So he and his client went over what happened on many occasions. Luis pretended to be the prosecutor and asked the client difficult questions that he could expect to hear on cross-examination. When preparing to testify, it is always best to be asked the tough questions by one’s own attorney, rather than hearing it for the first time when on the witness stand. Because they were trial-ready, Luis was not bluffing when he told the prosecutor the case was for trial.
First Offense Program and US Citizenship
The State offered a first offense program, which would require that the client do 26 weeks of anger management and plead guilty. Completing the program would dismiss the charges on the back end. However, our client asserted his innocence, so this was not an option. Also, more importantly, he was petitioning to naturalize and become a US Citizen at the same time. This first offense program would be counted as an admission of guilt with immigration. In addition, since it was a domestic violence offense it could have resulted in his removal, or deportation, from this country. Luis and his client declined to participate in the first offense program and prepared for trial instead.
On the day of court, attorney Luis Maradiaga told the prosecutor the case was for trial. The prosecutor did not have the necessary witnesses so she was forced to take a dismissal.
Having the case voluntarily dismissed meant that the client:
- Did not have to go to jail for up to 75 days
- Was not placed on supervised probation
- Did not have a conviction on his record
- Was able to continue with his naturalization petition and become a US Citizen
- Became eligible to expunge the charge and have it wiped off his record
- Did not have to do anger management or pay court costs and fines
Charged with Assault on a Female in Winston-Salem?
I tell my domestic violence clients to mobilize fast and be ready for a trial as soon as possible. Often times the prosecutor is not ready or their witnesses do not show up to court. Every side has a limited amount of continuances. Being ready early forces the other side to use up their continuances. – Attorney Luis Maradiaga
It is risky and can feel scary to take a case to trial. But when the State is not offering anything good, often times a trial is the best course of action. Having an attorney review the police report with you and do a practice run of the trial questions can give you the peace of mind and confidence you need to fight your case. If you’re charged with Assault on a Female, never plead guilty without first considering the merits of taking your case to trial.
Contact a Criminal Defense Attorney Today
Our criminal defense attorneys are always ready to hear your side of the story. If you’re charged with Assault on a Female, contact us today to book a free defense analysis in Winston-Salem, Greensboro, or High Point.