Our client was charged with 3 counts, all felonies:
- Under circumstances and conditions likely to produce great bodily harm and death, knowingly and willfully cause an elder and dependent adult to suffer, violating Penal Code 368(B)(1).
- Injuring a spouse, cohabitant, or fellow parent in an act of domestic violence, violating Section 273.5(a).
- Committing an assault upon the person of another by any means of force likely to produce great bodily injury, violating Section 245(a)(4).
The victim was living in the same household as the client and made a complaint with Adult Protective Services that the client had choked and hit her during an argument, leading to the client's arrest. However, the prosecution failed to prove that the bruising of the victim was done by the client including no apparent marks around the victim's neck. The victim also failed to provide consistent details on their testimony.
Client was found not guilty on all 3 counts under Kings Superior Court.