Benavides Law Group recently secured a grand jury no-bill in a felony Assault of a Family Member – Impeding Breath case, preventing our client from being indicted on a serious felony accusation.
The case demonstrates why an arrest does not necessarily tell the whole story, and why conducting an independent defense investigation as early as possible can fundamentally change the outcome of a criminal case.
The Allegation
Our client and the complainant had been separated for years and were living apart, although they continued to co-parent their child.
One morning, the complainant arrived at a family member's residence as part of the normal childcare routine. After noticing another woman's vehicle outside, she became upset and demanded to know who was inside with our client.
According to the evidence our defense investigation uncovered, what followed was far different from the version of events that ultimately resulted in our client's arrest.
The complainant allegedly began banging on the door and demanding entry. When our client eventually opened the door, witnesses described the complainant as physically attacking him, repeatedly punching him and causing injuries that ultimately required medical treatment.
The confrontation continued for an extended period. Even after the complainant's mother arrived, the situation allegedly continued to escalate. The defense investigation developed evidence that the complainant threatened another woman who was present, armed herself with a knife, damaged our client's vehicle, and later threatened to strike him with her vehicle.
Family members ultimately intervened, and our client was able to take possession of the knife and remove it from the situation.
The incident culminated with the complainant allegedly driving her vehicle into another woman's parked car, causing significant damage.
How the Case Became a Felony Against Our Client
Our client called law enforcement.
Importantly, however, he was reluctant to report the physical assault against him because the complainant was the mother of his children. His intention in contacting police was to report the damage to the other woman's vehicle, not to have the mother of his children arrested.
That decision ultimately became significant.
When law enforcement later located and interviewed the complainant, the investigation shifted. Despite evidence suggesting that she initially believed she was facing arrest and was concerned about making statements that could incriminate her, allegations were eventually made against our client.
Instead of being treated as the person who had called police following the incident, our client was arrested and charged with felony family violence involving an allegation of impeding breath.
We Took the Case Directly to the Grand Jury
Our firm conducted its own investigation rather than simply accepting the narrative contained in the police report.
We prepared and submitted a comprehensive grand jury defense packet presenting evidence the grand jury needed to see before deciding whether there was probable cause to indict our client.
The packet included statements from multiple individuals with firsthand knowledge of what occurred, including our client and witnesses who were present during the confrontation. We also presented evidence concerning the complainant's own conduct and statements surrounding the incident.
Of particular importance was video evidence of the complainant's interaction with law enforcement. The defense argued that her statements and demeanor provided important context that was inconsistent with portraying our client as the sole aggressor and supported the defense's account of how the confrontation actually unfolded.
We also presented the grand jury with the defense's legal arguments and a chronology of the incident so that the case could be evaluated based upon substantially more information than the initial accusation alone.
The Grand Jury Refused to Indict
After reviewing the case, the grand jury returned a NO-BILL.
That means the grand jury declined to indict our client on the felony charge.
For someone facing a serious family-violence felony accusation, that distinction is enormous. Rather than waiting for the case to proceed deeper into the criminal justice system, the defense was able to present critical evidence at the grand-jury stage and challenge the State's theory before an indictment was ever returned.
An Arrest Is Not the End of the Investigation
Cases like this illustrate an important principle of criminal defense:
The police report is the beginning of the story, not necessarily the end of it.
Domestic and family-violence investigations can involve chaotic scenes, conflicting accounts, emotional relationships, incomplete information, and decisions made by officers who were not present when the incident began.
That is why our firm independently investigates serious criminal accusations. We look for witnesses. We examine recordings and statements. We reconstruct the chronology. We identify evidence that may contradict the initial accusation. And when appropriate, we put that information before the grand jury rather than simply waiting for an indictment.
In this case, that work mattered.
Result: Felony Assault of a Family Member - Impeding Breath - NO-BILLED by the Grand Jury. No indictment.
Protect. Your. Future.
Every case is different, and past results do not guarantee future outcomes.