Assault with Force Likely to Cause GBI

Defendant and victim were having marital problems. Victim suspected defendant was cheating on her with a co-worker. One day, the victim confronted defendant regarding his possible infidelity. Defendant grabbed victim around the throat and lifted her off the ground. He choked her until she passed out, then let go. He then went into her purse, took her credit cards and car keys and left. Additionally, Victim claimed defendant was stalking her and following her in his car.

Defendant was charged with Felony Assault with means likely to produce Great Bodily Injury and False Imprisonment.

Defense investigation determined the victim was not trustworthy and her version of events were called into question. Pictures taken by defendant during the alleged stalking incident were shown to the DA to prove victim was following Defendant not the other way around. Additionally, I was able to point to the DA a lack of neck injuries which would be present if Defendant had grabbed victim by the throat as she alleged.

Felony probation with work furlough was negotiated with reduction to misdemeanor after probation