State v. Ms. K (2013)
Practice Area: Appeals – Violent Crime
Outcome: Assault Conviction Reversed and Remanded
Description: Conviction Reversed and Case Remanded/Assault/Domestic Violence – State v. Ms. K (Estrella Mountain Justice Court): Ms. K. was awarded a motorcycle in a divorce decree and went to retrieve her possessions in a storage unit maintained by her ex-husband. When Ms. K. went to get possession of the motorcycle, Mr. K then attempted to remove the license plate off the motorcycle. Ms. K. gave Mr. K. no less than three orders to get away from the motorcycle. When Mr. K refused to get away from the motorcycle, Ms. K. shoved Mr. K. away from the motorcycle causing him to fall to the ground and obtain road rash. Mr. K. then called police and Ms. K. was charged with assault, domestic violence. Cindy argued Ms. K. was justified in using reasonable force. The trial court found that Ms. K. was not justified in using physical force. Cindy then appealed Ms. K’s conviction and the Appeals Court disagreed with the trial court and reversed Ms. K’s conviction.