YOUNG MAN ACQUITTED OF FELONY ASSAULT AND BATTERY CHARGES
Highlights
- Cummins & White’s expertise in criminal defense helped with the successful representation of a young man charged with three counts of felony assault with intent to commit great bodily injury after his girlfriend falsely accused him of breaking her nose. The young man faced a maximum penalty of up to seven years in state prison.
- Thorough investigation into the alleged victim’s allegations revealed considerable discrepancies in the various accounts she told the police, hospital staff, and at trial.
- Presentation at trial of illicit photographs the alleged victim had taken of herself, as well as letters she had written helped document her obsessive, controlling, and bizarre conduct.
- Mr. Spagnola’s thorough research and skillful cross examination during trial exposed the alleged victim’s spiteful nature and proved that her accusations were triggered by the young man’s attempt to terminate their relationship. The jury found the young man not guilty of all charges.
Attorney
Case Study
Charles Spagnola of Cummins & White, LLP successfully defended a young man charged with three counts of felony assault after his girlfriend falsely reported to police that he punched her in the face and broke her nose after an argument. The alleged victim also obtained a restraining order after telling police that the young man had abused her several times over the previous two years. However, at trial Mr. Spagnola elicited key testimony from a nurse who stated that the former girlfriend denied abuse during a hospital intake interview, and from a restaurant worker who observed the couple soon after the alleged assault and did not notice an injury or anything unusual. Mr. Spagnola’s skillful cross-examination showed that the alleged victim’s claims were provoked by the young man’s attempt to end their relationship and that the alleged punch to the face was accidental. The jury found the young man not guilty of all charges.
Background
A 20-year-old man was charged with domestic violence after his girlfriend accused him of punching her in the face and breaking her nose. Their two-year relationship was chaotic, with the couple repeatedly breaking up and then reconciling due to the alleged victim’s frequent indiscretions and infidelity, followed by dozens of her handwritten letters of apology and erratic and sometimes violent behavior.
Less than a year after the couple began dating, the alleged victim became pregnant and miscarried. This event caused a negative change in her behavior. Soon after the miscarriage, the young man moved to another city, and the alleged victim became obsessive, controlling, and possessive of the young man. She also started behaving promiscuously.
The couple still spent time together. A few days before the incident, while playing a game on the alleged victim’s phone, the young man read a flirtatious text message from another man. On the date of the incident, he confronted the alleged victim, attempted to end the relationship, and an argument ensued. The next day, the alleged victim accused the young man of breaking her nose, telling police that he punched her in the face as they were driving in his car. She then obtained a restraining order, claiming that the young man had beaten her five times over the previous two years. The young man was formally charged with domestic violence, including:
- Felony assault with intent to commit great bodily injury [P.C. 245 (a)]
- Felony enhancement of causing great bodily injury
If convicted, the young man faced a maximum penalty of seven years in state prison.
Legal Strategy
Mr. Charles Spagnola of Cummins & White, LLP was retained to represent the young man. As part of his defense efforts, Mr. Spagnola thoroughly investigated the validity of the claims against his client, discovering substantial inconsistencies among the different accounts the former girlfriend told to the police, hospital staff, and at trial. This research included monitoring her Twitter page and other social networking sites on which were found posts about her actions that she later denied in court.
At trial, Mr. Spagnola also presented a series of illicit photographs the alleged victim had taken of herself the night of the incident after engaging in sexual relations with the client and after the alleged assault had occurred, as well as a tattoo attesting to her obsession with the client. Together, this evidence clearly documented her obsessive, controlling, and promiscuous conduct. Mr. Spagnola also interviewed witnesses familiar with the former girlfriend. Their testimony further supported claims of her consistent and frequently vindictive and outlandish behaviors directed toward the Defendant.
Result/Implication
Mr. Spagnola’s presentation of detailed evidence and skillful questioning of witnesses during trial convinced the jury that the Defendant had been falsely accused, and that the alleged victim’s accusations were in retaliation for the Defendant’s efforts to terminate their relationship. After a six-day trial, Mr. Spagnola’s client was acquitted of all charges.
