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Domestic Assault Acquittal: Winning on Legal Technicalities

In this domestic assault case, our client faced serious allegations that could have resulted in a criminal conviction, reputational damage, and potential jail time. The prosecution brought forward a case filled with conflicting narratives and multiple alleged incidents - but failed to present a clear and singular charge.

FrizWoods attorney Luke Woods recognized a critical legal flaw in the State's case: the assault charge was duplicitous-meaning it improperly combined multiple alleged acts into a single charge, leaving the court unable to determine which act formed the basis for a conviction.

Despite the State presenting their full case at trial, Mr. Woods' understanding of criminal procedure and evidentiary rules led to a Not Guilty verdict.

The Challenge

The client was charged with domestic assault, but the prosecution's case suffered from a fundamental flaw:

  • The charge was duplicitous, lumping together multiple alleged incidents without specifying which one formed the basis of the charge.
  • This left the judge unable to determine which act, if any, the client was guilty of-a violation of the client's constitutional right to a fair trial.

The State presented several alleged incidents during trial, but without narrowing the focus to a single event, the charge failed to meet the legal standard required for a conviction.

Our Strategic Approach

1. Recognizing the Duplicitous Nature of the Charge

  • From the outset, Mr. Woods identified that the assault charge improperly combined multiple alleged events into one count.
  • In criminal law, a duplicitous charge violates due process because it prevents the judge or jury from making a clear, specific determination of guilt regarding a single act.

2. Allowing the State to Present Its Case

  • Instead of objecting pretrial, Mr. Woods allowed the State to proceed, knowing the issue would come to a head during trial.
  • As the State introduced evidence of multiple, distinct incidents, it became increasingly clear that the prosecution had failed to pinpoint a singular act of assault.

3. Strategically Exposing the Flaw at Trial

  • After the State rested its case, Mr. Woods highlighted to the court that the assault charge was legally defective.
  • Because the State had not clarified which specific incident formed the basis of the charge, the judge could not determine guilt beyond a reasonable doubt.
  • Mr. Woods argued that under constitutional principles, a conviction could not stand when the fact-finder (in this case, the judge) was left to speculate about which event, if any, was the basis of the charge.

4. The Judge's Ruling

  • The judge agreed with Mr. Woods' argument, recognizing that 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.

The Outcome

The client was found Not Guilty, avoiding:

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

Why This Case Matters

This case highlights how technical legal arguments can be as powerful as cross-examination or witness testimony. It shows that:

  • Constitutional protections matter. Even in emotionally charged cases like domestic assault, the State must follow proper legal procedures.
  • Duplicitous charges are unlawful. Courts require that each count clearly reflect a single alleged act so that a fair and accurate verdict can be rendered.
  • Defense attorneys must know the rules. Mr. Woods used his knowledge of criminal law not just to question facts-but to challenge the foundation of the charge itself.

At FrizWoods, we don't just defend the facts-we defend the process.

Facing Assault Charges? Every Legal Detail Matters.

Domestic assault charges can have life-changing consequences-but the State has to play by the rules. At FrizWoods Criminal Defense, we examine every angle of your case, including whether the charges themselves are legally sound.


FAQs

Q: What is a duplicitous charge?

A: A duplicitous charge improperly combines multiple alleged acts into a single count, making it unclear which specific act the defendant is being charged with. This violates the defendant's right to a fair trial.

Q: Can a case be dismissed just because of a technicality?

A: Yes. If the State's charges violate legal standards-such as by being duplicitous or vague-a court can dismiss the case or issue a not guilty verdict, regardless of the evidence presented.

Q: How can a defense attorney identify issues like duplicitous charges?

A: Experienced defense attorneys scrutinize the charging documents, evidence, and trial strategy to find legal flaws that can be used to secure a dismissal or acquittal.


Contact FrizWoods today for a free consultation. Sometimes, it's not about what happened-it's about how the State fails to prove it.


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Review

Debbie Fowler

★★★★★

I cannot recommend Luke Woods and FrizWoods LLC highly enough. My son’s friend was charged with a very serious domestic assault involving his girlfriend. His father was out of town, and it was a Saturday when we first contacted Luke. Despite it being the weekend, Luke responded immediately. He quickly located where our friend was being held and gave us a clear picture of what was happening based on both his experience and what he was able to uncover on short notice. We hired Luke that same weekend, and by Monday morning, he had already met with our friend, gathered the necessary background information, and prepared to argue for bond. The commissioner had indicated there would likely be no bond due to the severity of the charges, but Luke was absolutely outstanding. He was confident, well-prepared, and compelling in how he presented who this young man truly is: a college senior just weeks away from graduating, a coach, and a mentor to others. Thanks to Luke’s efforts, our friend was granted bond. Without Luke’s quick action and strong advocacy, this young man might still be sitting in jail, missing his final weeks of college, and potentially suffering the long-term emotional trauma of that experience. Luke made all the difference in a situation that could have turned into a heartbreaking situation. If you’re in need of serious legal help, especially when everything feels like it’s on the line, Luke Woods is who you definitely want in your corner.





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