Friday, April 13, 2012
NH Criminal Attorney Gets First Degree Assault Charges Dropped
Criminal Defense Attorney Gets First Degree Assault Charges Dropped in NH
State v. Ms. Client
Ms. Client was arrested and charged with 1st Degree Assault. Specifically, she was accused of having stabbed a woman in the face with a broken beer bottle during a riot.
A Class A felony 1st Degree Assault can land someone in prison for up to 15 years if convicted. Ms. Client immediately hired Attorney Osborne to represent her. The police were certain that they had a solid case against Ms. Client. Attorney Osborne wasn’t so sure. Upon reviewing the police reports and the surveillance tapes, Attorney Osborne realized that there were a few holes in the case. For instance, the surveillance tape showed Ms. Client fighting with someone, but it did not show that she stabbed anyone. He also saw that there were several well-known felons on the surveillance tape fighting, one of whom could be seen running with a glass beer bottle.
Attorney Osborne also employed a few skilled investigators to speak to witnesses that the police had chosen not to interview. When it came time for Attorney Osborne to speak with the prosecutor, he was armed with strong evidence that tended to show there was a reasonable doubt as to Ms. Client’s guilt. After several months of negotiations between Attorney Osborne and the State, the felony 1st Degree Assault was reduced to a Class A misdemeanor charge of Disorderly Conduct. Ms. Client agreed to pay for any injuries suffered by anyone with whom she fought during the riot. Ms. Client was ordered to be of good behavior for one year. She did not have to go to jail or be placed on probation.
Although Attorney Osborne would love to take all the credit for this result, he is well aware (and you should be too) that every case has potential for success when the people involved are up-front and work in good faith. In this case, we were fortunate to be dealing with a professional and reasonable prosecutor who was always receptive to new information; a hard working investigative team; and a client who was always honest and trusting of her attorney’s advice and strategies.
The Law Office of Shepherd & Osborne
351 Main Street
Nashua, NH 03060