ASSAULTS, BATTERIES AND ASSAULT WITH A DEADLY WEAPON

Assaults involve when a person threatens, attempts to strike or strikes another person. When actual contact is made it is considered a battery. Examples of assaults can include raising your hand as if your are going to strike someone or swinging and missing a person with a hand, foot or weapon (assault with a deadly weapon).

Depending on the seriousness of the conduct assaults can be charged as a felony or misdemeanor.

Sean Hennessey has represented 100’s of people charged with assault, assault with a deadly weapon and serious felony assaults including mayhem and torture.

There are many defenses to charges of assaults and batteries including self defense, defense of others or a mistake about what another person intended on doing towards another person. Sean Hennessey will explore all available defenses and obtain the best possible resolution of your case. Sean has had numerous felony and misdemeanor assault dismissed or had juries find his clients NOT GUILTY at a jury trial.

If you, you family member or a loved one is being investigated for or arrested for any type of assaultive behavior you must call Sean Hennessey IMMEDIATELY.

BELOW ARE SEVERAL NOTABLE ASSAULT CASES SEAN HAS HANDLED:

1. MAYHEM AND ASSAULT WITH A DEADLY WEAPONFACTS: Sean’s client was a carpet cleaner out on a Sunday morning to clean a carpet. While Sean’s client was trying to find the location of the house he was going to do work within, an irate driver behind him began honking his horn. Sean’s client pulled over to let the man pass. The other man got out of his car and told Sean’s client to get out. Sean’s client got out of his truck and the other man punched him in the face. Sean’s client was barely 5 feet tall and the other man was about 5’ 8”.Sean’s client tried to protect himself and took out a carpet knife. When the man tried to punch Sean’s client again, Sean’s client threw the carpet knife at the man striking him in the face and breaking his orbital socket and nose and causing a cut which required over 100 stiches to close.

   DEFENSE: Given the difference in sizes between the two men and the fact the other man started the fight, Sean’s client acted in self defense when he threw the carpet knife at the man.

   RESULT: Jury found Not Guilty of all charges after the jury deliberated for 1 ½ hours.

2. ASSAULT ON A POLICE OFFICER WITH GREAT BODILY INJURYFACTS: Client rousted by police for sleeping in his car. After he was ordered out of the car a fight allegedly broke out between the police and the client. During the alleged fight one of the officers allegedly fractured his elbow while bringing client to the ground.DEFENSE: The client acted in self defense against excessive force used by the police. Further, a medical expert testified there was no fracture in the officer’s elbow.

   RESULT: Client found Not Guilty of Assault on a Police Officer with Great Bodily Injury

3. DOMESTIC VIOLENCE; ASSAULT WITH A DEADLY WEAPONFACTS: Client, 5’4’ and 120 pounds allegedly attacks ex-husband with a foot long steel pipe and bites him on the inner arm. Client says that her 5’lO” 185 pound abusive husband attacked and choked her and she bit his arm. Wound consistent with client’s version of events. Client’s son changes story he told to police because he said his father threatened him.DEFENSE: Self defense.

   RESULT: Jury finds Client Not Guilty of all charges after 2 hours of deliberation

4. ASSAULT AND BATTERY ON A POLICE OFFICERFACTS: On day prior to the incident the police arrest client for allegedly being under the influence. The client was found not to be under the influence of anything. The next day the same officers who arrested the client saw the client and stopped him again. According to the police the client mouthed off to the police and got into a fight with the police. The client ends up with a broken jaw as a result of being punched multiple times in the face by the police.DEFENSE: There was no fight. The police were mad the client was out the day after he was arrested and abused the client.

   RESULT: The Jury found the client Not Guilty after deliberating less than one hour. The client received a $90,000 settlement against the involved police agency. Sean reported the involved office to the F.B.I. who did nothing. Several years later the same officer shot and killed an unarmed man outside Crystal Cathedral.

5. DOMESTIC VIOLENCEFACTS: Client’s husband claims client choked and bit him. Police officer testified wounds on client’s husband were defensive wounds. “Victim” testified that he drank almost every night. He also testified that after client went to jail he filed for divorce with the belief that if he filed first he would get custody of the kids.DEFENSE: Self defense; victim lying for child custody reasons.

   RESULT: Client found Not Guilty by a Jury after less than 2 hours of deliberation

6. ASSAULT AND BATTERYFACTS: Client is charged in a “road rage” incident wherein he is alleged to have honked his horn at another driver who then got out of his car and approached the client. As the other driver approached the client punched the other driver several times in the face.DEFENSE: Self Defense. Although the client struck the other person first, he was reasonably in fear for his safety since the other driver got out of his car and approached the client.

   RESULT: Case dismissed.