Assault Inflicting Serious Injury Charge Dismissed

A Browning & Long, PLLC Client from Charlotte was charged with Assault Inflicting Serious Injury in Mecklenburg County. This assault charge is classified as a Class A1 misdemeanor, the most serious class of misdemeanor in North Carolina, which carries penalties of up to 150 days in jail, probation, and/or fines that are left in the discretion of the judge.

In this case, the State's witness alleged that Client became angry with him after he accidently backed Client's car into a light pole. More specifically, he stated to the police that Client became so enraged by the incident that she began assaulting him by striking him in the head with her fists leaving a black eye and scratches on his face. The State's witness also claimed that Client attempted to hit him with a glass ashtray. After this, the State's witness indicated to police that he thought Client was going to leave since she got into her car, but instead she drove the car at the victim hitting and breaking his right foot before leaving the scene.

After investigating the incident, the Charlotte lawyers at Browning & Long, PLLC were able to determine that several weaknesses existed in the State's case. First, the State's witness was extremely intoxicated at the time of the alleged incident and at the time he drove Client's car into the light pole. Second, there was no corroborating evidence of injuries to the State's witness' face or foot. Finally, the State's witness waited nearly 15 hours before reporting the alleged altercation to law enforcement.

Once these facts were made known to the District Attorney's Office, the Assault Inflicting Serious Injury charge against Browning & Long, PLLC's Client was dismissed.