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Domestic Assault Acquittal: Winning on Legal Technicalities

Procedural Outcome

Our client faced a domestic assault charge that carried the risk of a criminal conviction, jail time, and lasting personal damage. Attorney Luke Woods identified a critical flaw: the charge was duplicitous, improperly combining multiple alleged incidents into a single count. Mr. Woods allowed the State to present its full case, then exposed the legal defect after the prosecution rested. The judge agreed the charge was legally defective and issued a Not Guilty verdict, even though the State had presented all of its evidence.

Problem: A Domestic Assault Charge Built on Multiple Conflicting Incidents

The client was charged with domestic assault, but the prosecution's case had a fundamental structural problem:

  • The charge was duplicitous: it lumped together multiple alleged incidents without specifying which single act formed the basis of the criminal charge.
  • The State presented several alleged incidents during trial, but never narrowed the focus to one specific event.
  • This left the judge unable to determine which act, if any, the client was guilty of, a violation of the constitutional right to a fair trial.

In criminal law, each count in a charging document must relate to a single, specific act. When multiple alleged acts are combined into one count, the fact-finder cannot make a clear determination of guilt. This is a due process violation.

Action: Strategic Patience and Post-Evidence Legal Challenge

Recognizing the Duplicitous Charge Early

  • From the start, Mr. Woods identified that the assault charge improperly combined multiple alleged events into one count.
  • Rather than raising the issue pretrial, he made a strategic decision to let the State proceed, knowing the flaw would become even more apparent during the presentation of evidence.

Allowing the State to Build Its Own Problem

  • As the State introduced evidence of multiple, distinct incidents, the duplicity issue became impossible to ignore.
  • Each new alleged event the prosecution introduced only reinforced the fact that the charge was legally defective.

Exposing the Flaw After the State Rested

  • After the prosecution rested its case, Mr. Woods highlighted to the Court that:
    • The assault charge covered multiple alleged acts, not a single incident.
    • The State had never specified which event formed the basis of the charge.
    • The judge was left to speculate about which act, if any, justified a conviction.
  • Under constitutional principles, a conviction cannot stand when the fact-finder cannot make a clear, specific determination of guilt regarding a single act.

The Judge's Ruling

  • The judge agreed with Mr. Woods' argument.
  • The duplicitous nature of the charge prevented a lawful conviction.
  • Despite the State's evidence, the judge was legally bound to issue a Not Guilty verdict.

Resolution: Not Guilty Verdict, No Record

The client was found Not Guilty, avoiding:

  • A criminal record
  • Potential jail time
  • Fines, probation, and mandatory counseling
  • The lasting social and professional stigma of a domestic violence conviction

Key Takeaway

Element Detail
Charge Domestic assault (Second Degree Assault)
Court Maryland District Court
Key Defense Duplicitous charge argument, due process challenge, post-evidence legal motion
Outcome Not Guilty verdict, no criminal record
Attorney Luke Woods

Legal Entities Referenced

  • Court: Maryland District Court
  • Charges: Second Degree Assault (Maryland Criminal Law Section 3-203), Domestic Context
  • Legal Concepts: Duplicitous charges, due process, constitutional right to a fair trial, specificity in charging documents
  • Procedure: Trial strategy (allowing State's case to develop before challenging legal defect)
  • Constitutional Principles: Due process (right to know the specific act charged), unanimity of fact-finding

Frequently Asked Questions

What is a duplicitous charge?

A duplicitous charge improperly combines multiple alleged acts into a single count. This makes it impossible for the judge or jury to determine which specific act the defendant is being charged with. It violates due process because the defendant has the right to know exactly what they are accused of and to have the fact-finder reach a clear determination on a single event.

Can a case be dismissed just because of a legal technicality?

Yes. If the State's charges violate legal standards, such as being duplicitous or failing to specify the alleged conduct, a court can issue a Not Guilty verdict or dismiss the case, regardless of the evidence presented. Constitutional protections exist to ensure fairness, and courts are bound to enforce them.

How can a defense attorney identify issues like duplicitous charges?

Experienced defense attorneys scrutinize the charging documents, evidence, and trial presentation to find legal flaws that can be used to secure a dismissal or acquittal. This requires deep knowledge of criminal procedure and the ability to think strategically about when and how to raise the issue for maximum effect.

Facing domestic assault charges? Every legal detail matters. Contact FrizWoods today for a free consultation. Sometimes, it is not about what happened; it is about how the State fails to prove it.


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