State v. Ms. F. (2009)

Practice Area: Aggravated Assault / Dangerous

Date:  March 25, 2009

Outcome: Acquitted / Guilty of Lesser Included Disorderly Conduct, M1

Description:  (Maricopa County Superior Court Case No. CR-2008129253).  Ms. F. and her husband had a pool party.  Ms. F. went to bed early in the guest bedroom.  Later in the evening, Ms. F. went to the master bedroom to get a pack of cigarettes when she found the door locked.  Ms. F. then picked the door lock and entered the room to find her husband with another woman in bed.  Ms. F. became very upset and started yelling at her husband.  The State alleged that Ms. F. tried to go after the other woman and when she fled, grabbed a knife in the dark kitchen to assault her husband.  During trial, Ms. Castillo presented testimony that Ms. F. did not intentionally grab the knife but rather was attempting to grab the house phone because she began having heart palpitations and could not breathe.  As soon as Ms. F. grabbed the knife, she immediately dropped it presenting no danger to her husband.  Ms. F. was found not guilty of the aggravated assault dangerous but found Ms. F.’s actions were disorderly because of the knife.  Ms. F. was facing no less than five years in prison.