Charge
Domestic Assault - Bodily Injury
Location
Rutherford County, Judge Ben Bennett
Allegations
Police were called after a domestic argument at a home escalated and both sides reported minor injuries. Officers later met our client at work and obtained a written statement after telling him he had to provide one, without advising of his rights according to the client. The initial case hinged on the complainant’s first account. We pulled the reports, documented inconsistencies between versions, and raised concerns about the voluntariness of the statement. The complainant later asked for peaceful contact and the client completed counseling. We presented all of this to the prosecutor, and the case was dismissed.
Result
Case Dismissed
Charge
Aggravated Assault - Strangulation
Location
Rutherford County, Judge Ben Bennett
Allegations
Police arrested our client after a domestic argument at a home escalated and the other party reported strangulation. He was contacted at work later and, according to him, was told he had to provide a written statement without Miranda warnings. We obtained the officer reports and body cam, compared them to the complainant's later statements, and documented key inconsistencies. The complainant then asked the court to allow peaceful contact. We presented the credibility problems and mitigation, and the prosecution dismissed the case.
Result
Case Dismissed
Charge
Assault - Misdemeanor
Location
Rutherford County, Judge Chancellor Howard Wilson
Allegations
At a loading dock, a man yanked open our client’s truck door, shouted threats, and was struck when the client reflexively pushed the door. Police responded but did not arrest, and the charge was filed later by the complainant. We stepped in close to trial, secured a continuance, reviewed reports and photos showing a linear injury consistent with a door strike, visited the site, and used an investigator to track down former employees. We pressed these issues with the prosecution. Weighing trial risks, the client accepted probation with monthly check-ins.
Result
Probation
Charge
Aggravated Assault (Class C Felony)
Location
Rutherford County, SMYRNA JUSTICE CENTER
Allegations
Police were called during a domestic mental health episode. Officers alleged aggravated assault after a knife was thrown and later found lodged in a door, though the client maintained it was not directed at anyone. We obtained the reports and documented that no one was injured and the complaining witness stated he did not feel threatened and did not wish to pursue the case. We highlighted the mental health context and the conflicting accounts in the record. Confronted with these problems, the prosecution dismissed the charge.
Result
Case Dismissed
Charge
Domestic Assault - Second Offense
Location
Rutherford County, Judge Lisa Eischeid
Allegations
A domestic argument at a residence escalated, and a neighbor reported seeing the incident. Officers arrived and arrested the client, while the complainant later declined to give a statement. We obtained the reports and body‑camera footage, scrutinized the third‑party account, and compared it with the complainant’s later position, highlighting key inconsistencies. We set the case for a contested setting to force the state to produce its witnesses. Confronted with an uncooperative complainant and evidentiary weaknesses, the prosecution dismissed the case.
Result
Case Dismissed
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