STATE v. SM
Aggravated Assault with potential deportation
Client is an immigrant who has become a pillar in his community with no history of violence and no criminal background. Client inadvertently overstayed his Visa. After a verbal altercation between his wife and a neighbor, the neighbor opened Client’s front door of his condo and lunged in at Client’s wife who was doing dishes in her kitchen. Client rose from his couch inside his living room and told the neighbor to get away from Client’s wife. When neighbor refused Client’s request, Client grabbed a baseball bat and demanded that neighbor leave again. Neighbor then called the police and my Client was arrested for Aggravated Assault, a deportable felony. Because Client overstayed his Visa he was put on an Immigrations Hold and was not allowed to bond out. Further, conviction of Aggravated Assault would have most certainly meant deportation for my client. After much communication with the State Attorney’s Office, and submission of a Decline Packet, Attorney was able to convince the State Attorney’s Office to DROP ALL CHARGES against his client.