ASSAULT WITH A DEADLY WEAPON CHARGE DISMISSED AFTER STRONG DEFENSE ARGUMENT

RELEASED: SEPTEMBER 21, 2011

RALEIGH, NC – Marcilliat & Mills PLLC recently defended a man charged with Assault with a Deadly Weapon. As a result of the strong criminal defense work by Mr. Kevin, the charges against the man were dismissed.

The case involved a divorcing couple and the woman’s new lover. The woman told police that her ex-husband tried to run her lover off the road. She claimed that he attacked her lover with his vehicle, the deadly weapon in this case, and chased him as he tried to escape.

Mr. Kevin was able to argue that the assault charges against the man had more to do with the woman trying to gain the upper hand in a property settlement dispute than with an actual alleged assault with the vehicle. In this case, assault charges were not warranted, Mr. Kevin Marcilliat told the Assistant District Attorney, because they couple was disputing property in the divorce proceeding and the woman was using the criminal system to diminish her ex-husband’s claim to their joint property.

Using the criminal court system as a way to leverage the situation in divorce court is wrong and unjust to the other spouse. While this woman may have thought that criminal accusations would help her in divorce court, Mr. Kevin was able to see through the allegation and fight for the rights of the man accused of Assault with a Deadly Weapon. All criminal charges against the man were dismissed.

If you are going through a divorce and your ex-spouse is falsely accusing you of crimes such as domestic violence, battery, abuse, assault or any other serious North Carolina charge, contact a skilled criminal defense lawyer who will fight on your behalf. In some cases, a criminal conviction can hurt your chances to see your child and share in property or assets. Marcilliat & Mills PLLC will aggressively work to argue against the criminal charges to protect your rights during divorce.

DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm’s case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past result because prior results do not guarantee a similar outcome.


Stay up to date with Marcilliat & Mills PLLC by following us on Facebook at facebook.com/nc.criminal.defense. If you are facing state or federal criminal charges in North Carolina, please call our law firm at 919-838-6643 or  contact our Raleigh office online to schedule a free consultation.

North Carolina v. J.S.
Accusation: 
Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed

Marcilliat & Mills PLLC acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.