Success Stories

Wallin & Klarich Saves Client From Jail In Assault With Deadly Weapon

When this particular client entered our offices, he was extremely distraught and remorseful for his actions. He was a generally peaceful man who had lost his temper at a woman who had walked up to the drive through ATM in front of my client in his car. She and the police alleged that he had gotten out of his vehicle pushed her a number of times and then got back in his vehicle, pulling forward and hitting the woman with his car.

The City Attorney filed charges of Assault with a Deadly Weapon, Battery and Assault. I went through the police report thoroughly and noticed indicia of a lack of fear from the alleged victim. I used this information to argue the lack of a critical element of assault crimes... an attempt to commit a violent injury. How much of an attempt could it have been if the victim did not show signs of fear? I used my client's lack of prior record and the fact that he was participating in anger management class at my advice, to mitigate the battery charge.

When all was said and done, I was able to have all three charges dropped. My client accepted a charge of fighting in public and he only had to pay a few hundred-dollar fines.

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