Criminal Defense Attorney

Assault and Battery on a Disabled Person Causing Injury, Assault and Battery on a Disabled Person, Assault w/ Dangerous Weapon (2x) – Dismissed – Superior Court

SJ, GL, and WB were all hanging out at GL’s apartment. In the late afternoon, after drinking alcohol for most of the day, SJ and GL had a fight. According to GL, the fight stemmed from a disagreement over who was going to the liquor store to purchase more alcohol.

The fight was a violent one – GL hit SJ over the head with a shovel, SJ stabbed GL in the side of his torso. After the stabbing SJ left the home. GL went to the hospital where he was treated for a fairly serious knife wound.  

Unbeknownst to SJ, GL had a prosthetic leg. (SJ and GL had only met one time previously and GL was wearing pants on day of the fight). Because of the prosthesis SJ was charged with the more serious offense of “Assault and Battery of a Disabled Person, Causing Bodily Injury.”

The prosecutors elected to indict the case for two reasons: SJ had a colorful record and the severity of the injury.

Attorney Henry Fasoldt prepared to try the case on the theory of self-defense. However, a trial was not to be. As the case dragged on, the witnesses (GL and WB) showed reluctance in participating. It got to the point where they stated that they had no intention of testifying against SJ. They both failed to show up on a court date where their appearance was necessary.

Because of their disinterest the prosecutor ultimately decided to file a “Nolle Prosequi.” By filing the Nolle Prosequi the case was effectively dismissed