Facts: Our client was charged with aggravated assault with a deadly weapon and written threats to kill. The alleged victim in this case reported that our client sent her text messages indicating he was going to punch her in the face and asking her to come outside because he had something for her. When he arrived at her home that day to pick up their daughter the alleged victim claimed that he pulled a gun on her and told her he was going to pistol whip her. The state offered him a cap of 9 months in the county jail, which he elected not to take.
Results: Our client maintained his innocence throughout the entire case and so after deposing the state’s witnesses, including the victim, we set the case for trial. At trial we argued that the messages sent to the alleged victim were not threats, but rather slang terms and simple bickering back and forth between a couple going through a break and learning to co-parent. We also argued that the victim was not telling truth about our client having a gun. She was upset that he had called her names in the text exchange and she wanted to get back at him. Ultimately, the jury saw this case for what it was and returned a verdict of NOT GUILTY on both counts, failing to even consider any of the lesser included offenses.