RICE COUNTY. Faribault woman was accused of second degree assault with a dangerous weapon. She had been the victim in an abusive relationship for years. The night before the incident, her boyfriend had attacked her with a hammer. On this night, an argument ensued, and he took her phone, her purse, and once again began to attack her. She armed herself with a knife to stop the attack in a clear self-defense posture. She then fled and called the police. While calling the police, her boyfriend inflicted wounds on himself with the knife, which of course had her fingerprints on it. With her fingerprints, and his blood, the defendant believe all hope may be lost, but refused to buckle this time to her abusive boyfriend.
2nd Degree Assault is a serious crime that carries a penalty of prison time. Despite being offered a plea to misdemeanor disorderly conduct, she boldly rejected the plea offer. Alex De Marco consulted with experts, and investigated the boyfriend and his family heavily and prepared to attack his credibility. It was clear from photographs that the wounds were not consistent with his client slashing her abusive boyfriend with a knife, but instead consistent with this woman beater and coward cutting himself to manufacture evidence. The case was dismissed the week before trial. This case stands as a reminder as to why the presumption innocence and the trust of one’s client is so very important. In this case, De Marco was able to defend an abused woman who had finally had enough. This would be one of two 2nd degree assault cases Alex De Marco had dismissed in a month.
If you’ve been accused of 2nd degree assault, felony assault, or any assault, and have a self defense claim, you cannot rest easy thinking “the truth will set you free.” The County Attorney is not going to dismiss your case based on anything you have to say. You need a lawyer who understands the rules of evidence, and is prepared to go to trial and knows what’s admissible and inadmissible. Knowing ahead of time exactly what the jury is going to see is not only critical to taking a case to trial and winning, but preparing for that win such that the case is too weak for the state to pursue. Cases are not won by back room deals and friendships between defense and the County. They are won by discrediting the State’s evidence in advance, and preparing to try a case with confidence. If you’ve been accused of assault, you need to contact a criminal defense lawyer right away.