My client, Phil, is a middle-aged man with no prior criminal history. He is in the military and planned to make it a career. He enjoys spending time with his family and playing golf. Phil and his wife were married for several years before they were blessed with their first child. They soon realized that their child had significant mental health issues. The child would frequently have meltdowns that would lead to temporary rages and sometimes violent behavior. The child would often get mad, scream and become assaultive. Phil and his wife were diligent in seeking medical treatment for their son and tried to find the proper medication. One evening in June, Phil was spending time with his family when the child became angry. As the child’s anger was escalating, Phil did the best he could to calm him down, but the child continued to scream and throw toys at Phil. Out of frustration, Phil threw one of the toys back at his son. Unfortunately, the toy ended up hitting the child causing minor injuries. Phil was subsequently arrested for domestic assault.
Fighting For Phil's FREEDOM
When Phil contacted me, he was extremely remorseful and also very concerned that he would lose his family and his m
ilitary career. He was concerned that his son would continue to spiral out of control and an assault conviction would hinder his ability to provide the type of support in which his family was accustomed. I assured Phil that I had worked on numerous domestic assault cases similar to his. I advised him that not every domestic assault charge ends in a conviction and that I would work diligently on his defense. We put a plan in place to get counseling for Phil before the first court date. Phil worked closely with me, and we followed the plan and were able to negotiate with the prosecutor to gain a favorable outcome for him. After our discussions, the prosecutor fully understood that my client was extremely remorseful and was seeking services to assist him and his wife in parenting their child.
The Best Possible Outcome
The Commonwealth agreed that this was an isolated incident that had very little likelihood of being repeated. As a result, the prosecutor continued the case for four months. As long as my client continued to receive counseling and there were no further problems, the matter would be dismissed. Phil was one hundred percent compliant, and the matter was dismissed. This disposition allowed my client to avoid problems with his job and to seek an expungement which will cleanse this charge from his criminal record.