Not Guilty!

In People v. O'Connor, Attorney Horowitz won a not guilty verdict after a trial on charges of domestic violence.

The facts of the trial don’t make for polite conversation, but in short Attorney Horowitz proved that the defendant didn’t assault, batter, or commit any other crime against the alleged victim. If anything, the alleged victim assaulted the defendant when they broke down a locked door defendant was on the other side of it, knocking the door and defendant to the ground.

The Michigan Pattern Criminal Jury Instructions instruct that:

• A battery is the forceful, violent, or offensive touching of a person or something closely connected with him or her.

• The touching must have been intended by the defendant, that is, not accidental, and it must have been against [the victim's] will.

• An assault is an attempt to commit a battery or an act that would cause a reasonable person to fear or apprehend an immediate battery.

• The defendant must have intended either to commit a battery or to make [the victim] reasonably fear an immediate battery.

• An assault cannot happen by accident.

• At the time of an assault, the defendant must have had the ability to commit a battery, or must have appeared to have the ability, or must have thought he had the ability.

It seems obvious, but if an alleged victim broke down a door to get to a defendant, and if the alleged victim's only physical contact with the defendant was when the alleged victim broke the door down and took both the door and defendant to the ground, the above elements are not going to be met. The defendant didn't do anything forceful or violent and did not offensively touch the alleged victim. The defendant didn't put the other person in fear of a battery by getting the door broken down on him. The defendant didn't commit an intentional or reckless assault.

It’s hard to understand why this was charged against the defendant in the first place, and even harder to understand why it was prosecuted. Thankfully, the defendant stood strong and demanded his day in court. Once the lawyers were done with their arguments, it didn’t take the jury long to reach a unanimous acquittal.