We recently helped a man charged in Marion County with the following domestic violence offenses:
- Battery on a person less than 14 years old, charged as a level 6 felony
- Criminal recklessness, charged as a level 6 felony
- Domestic battery, charged as a level 6 felony
- Battery in the presence of a child, charged as a level 6 felony
- Domestic battery, charged as a class A misdemeanor
- Battery resulting in bodily injury, charged as a class A misdemeanor
The man was accused of a physical altercation with his then-girlfriend that led to a minor injury of her child. He sought out the help of Marion County criminal attorney Sean Hessler to represent him on these serious charges. After reviewing the evidence against the client, Sean worked to establish defense evidence of electronic and online harassment and intimidation by the alleged victim, his then-girlfriend. Sean used this evidence to convince the judge to remove the client’s pre-trial release conditions, as it was clear that the alleged victim was manipulating the legal system.
After interviewing several eyewitnesses that either corroborated the client’s recollection of the evidence and/or disputed the alleged victim’s version of the events, collecting electronic evidence, and confronting the alleged victim under oath, it became clear that her story was more and more unbelievable.
The electronic evidence gathered and used in this case included phone records, text messages, and Facebook posts. The prosecutor ultimately dismissed the case when presented with evidence of the client’s victimization and the alleged victim’s lying about the situation.
Despite being granted a dismissal of all charges, our client will have to wait the statutory period before the charges can be expunged from his criminal record.
From start to finish, this case took about four mouths and four court appearances to yield this outcome.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.