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Assault & Battery Charge Dismissed: A Case Reviewed

By David Cardon on May 22, 2017


Defendant's Charges:  Assault & Battery

Court: Virginia General District Court

Facts:  Defendant, an employee of a local fast food restraunt, was working as a manger when asked a question of one of her workers who took offense to the question.  Defendant had a "mother/daughter" relationship with employee and so defendnat, attempted to diffuse the situation by giving the worker a hug.  The Worker took offense and charged Defendnat with Assault & Battery.  

The worker testified that she was very upset when the defendant hugged her and called her parents crying.  She also testified that defendant kept grabbing her arm and asking her to come to her office to discuss the situation. She admitted that they had a mother daughter relationship and that they had hugged before and talked about very private topics.

Testimony of Defendant:  I put Defendant on to answer three questions under oath:

1.  What happened that day?  Answer: The worker misunderstood and took offense at a question I asked her related to work.  I was attempting to calm her down by hugging her.

2.  After the hug did anything else happen?  Answer: No. I was so upset I actually took the rest of the day off and did not touch her again.

3. Did you have a special relationship with the worker?  Answer: Yes. She callled me "mom" and told me very personal things about her family members and her medical condition. 

After that, we rested.

I did not even have to argue for a dismissal.  The judge heard the worker's attorney ask for a conviction, but I did not even have to argue for a dismissal.  The  Judge dismissed the case. 

Conclusion: This case shows that with the proper defense,  Assault & Battery cases in Virginia are winnable.  It is essential to put enough doubt in the judge's mind concerning lack of facts support the elements of the charge.  

Disclaimer: Every case is different; different facts, judges, police officers and commonwealth attorneys.  The case above shows what can happen in Court.  It does not mean it will happen in every case. If you have a serious criminal case, such as an Assault & Battery, you should speak with an attorney in your jurisdiction who knows the law and the courts to get the best legal advice. 

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