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Assault 2nd and Armed Criminal Action

Jury Verdict – Not Guilty

Henderson & Waterkotte, P.C. represented a South County woman on charges of assault in the second degree and armed criminal action.  The prosecutor alleged that our client, a 51 year-old woman, hit her 73 year-old neighbor with a metal pipe in the head causing serious injuries after a verbal argument ensued.  The alleged victim maintained she never touched our client.  We rejected a plea deal of 5 years in prison and requested a jury trial.  After a three day trial, the jury found our client NOT GUILTY of assault in the second degree and NOT GUILTY of armed criminal action and found her guilty of a lesser included offense of misdemeanor assault in the third degree.  Ultimately, our client was sentenced to 2 years SIS probation.  If she successfully completes probation, she will not have a conviction on her record.

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