Facts:
My client was involved in a verbal argument with his girlfriend. At one point in the argument my client got frustrated, grabbed her phone and threw it–causing it to break. The police were called and charged him with misdemeanor battery for grabbing the phone out of her hand and felony criminal mischief and tampering with a witness for throwing and damaging her phone.
The Case:
My client had never been in trouble before and the battery was quite minor as there was no injury. His girlfriend did not want him arrested, and was not the one calling police so he was not impeding her ability to call 911. It was clear that while he could have handled the situation better, he didn’t have any intent to commit a crime. I put together a letter explaining the situation, including that the victim did not want to press charges, my client had already paid for the phone, and asked for the charges to be dismissed.
The Result:
The prosecutor agreed that the charges should be dismissed and promptly filed the dismissal paperwork.
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