Aggravated Assault with a Deadly Weapon (Indian River County)
Facts: Our client and his wife had a verbal altercation about him going away on a vacation without her. She had a young infant and was dealing with some emotional issues and wanted him to stay home with her. At some point during the argument law enforcement was called and the client indicated that he had threatened his wife, although that was untrue he knew that it would remove him from the situation. However, his wife indicated that no crime had occurred and law enforcement left. Soon after, our client left for his vacation. His wife became distraught and called law enforcement back to say that the crime did happen, hoping this would force her husband back home. Instead, he was arrested.
Results: We spoke with our client’s wife and we were able to determine a lot of what was going on around this time both with our client’s wife and in their marriage as a whole. His wife wanted him home with her and their child and indicated to us that she was not afraid of her husband and that he has never been physical or violent towards her or their son. When we were unable to obtain a response from the prosecutor in regards to a sworn affidavit sign by our client’s wife we set the case for a hearing to lift the no contact order to allow our client to return home and to put the wife’s testimony on the record. She testified that her husband had never threatened her and that she told law enforcement that he did due to her own emotional issues going on at the time that this occurred. Based on our argument and the testimony elicited by us on behalf of our client the state announced right in the middle of the hearing that they would not be pursuing charges and our client was free to leave and return home to his family!