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ASSAULT

Felony Assaults of Police Officers: The client was charged with assaulting two police officers after a Mariners game, causing a serious cut to the side of one officer's face. At trial we showed how the officer assaulted our client, then fell against him, breaking his headset which caused the cut. The jury acquitted of one count and hung on the second. The state dismissed.

Felony Assault of a Police Officer: A protestor retained me after being convicted of throwing an object at a demonstration, injuring a police officer's eye. We filed a Motion for New Trial based on video footage combined with a police officer's report showing another person committed the crime. The court vacated the jury's verdict and granted a new trial.

Robbery/Assault: A young man was charged with robbing another man in the men's room of a convenience store, then driving off and shooting at the robbery victim when he gave chase. The store's video surveillance showed the "victim" using a cell phone to call someone when he asked the owners to call the police. Our investigation of phone records revealed the "victim" was a drug dealer. Realizing they had been duped by many lies, the prosecution offered a very favorable resolution.

Domestic Violence Felony Assault: A man retained me after other lawyers asked him if his wife would say she "ran into a door. " He didn't want his wife to lie. He treasured his marriage and family. He was frightened by the injury he caused. He wanted to control his anger. He hoped to save his marriage and himself. We got him into domestic violence treatment and negotiated a favorable resolution.

Domestic Violence Felony Assault: The client retained me after he was convicted. His trial lawyer had misplaced his file before trial and lost crucial evidence he wanted to present at trial. We located the investigator, obtained the evidence again, and persuaded the court to vacate the jury's verdict and grant a new trial based on ineffective assistance of counsel.

Assault/Unlawful Display of a Weapon: My client was convicted of assault with a firearm. The Supreme Court reversed his conviction because the instructions defining assault did not require the specific intent, and so didn't permit the jury to consider whether he was only guilty of unlawful display of a firearm. State v. Byrd, 125 Wn.2d 707, 887 P.2d 396 (1995).

Misdemeanor Assault: A woman claimed my client assaulted her while in line at a Dairy Queen. She said he grabbed her from behind and threw her onto the floor on her back. We brought in a tae kwon do teacher to demonstrate to the jury how, if the woman was trying to block the client from reaching the counter to give his order, she was pressing against him, and when he stepped away she fell to the floor. The jury acquitted in less than an hour.

Juvenile Felony Assault: A family retained me after their son was convicted of felony assault at trial in juvenile court. We presented a sworn statement from the witness that defense counsel failed to call to testify, who would have supported the client's claim of self-defense. The court granted a new trial based on ineffective assistance of counsel.

Assault With a Firearm/Defense of Property: My 83-year-old client permitted a homeless woman to sleep on his couch for a few days. One night she got drunk and assaulted him in his bed. He demanded she leave. When she wouldn't, he drew his gun and chased her. She called the police screaming for help. He was convicted of assault with a firearm and sentenced to three years in prison. The Court of Appeals reversed, finding the instructions were inadequate on his right to defend his property. State v. Bland, 128 Wn. App. 511, 116 P.3d 428 (2005).

Assault "by Tickling": My client approached a co-worker to chat. She asked him to come back later to talk. He asked if he could have a kiss, reached forward, and gently touched her side. She said no and left. The State charged him with assault "by tickling." The trial court would not dismiss. The jury convicted. But on appeal, we persuaded the court it was not a crime to touch someone without intending to harm or offend. The conviction was reversed and dismissed.

Assault of a Child: My client was convicted of assaulting her infant daughter. The court instructed the jury on a crime that the State never charged. Conviction reversed.

Assault/Pre-SRA Parolability Hearing: In 2009, I represented a client who had been in prison for 30 years, since age 16. We worked with expert witnesses to prove the success of his changed mental health treatment. We established a parole plan for him. We won his freedom.




Successes




Homicide
Rape
Child Sex Offenses
Child Abuse
Assault
CPS Investigations
Voyeurism
Domestic Violence
Robbery/Burglary/Kidnapping
Theft/Fraud/Shoplifting
Juvenile Sex Offenses
Arson
Threats to Kill
Identity Theft/Forgery
Criminal Trespass
Self-Defense
Defense of Property
Property Destruction
Violating Anti-Harassment Order
Federal Prosecutions





Practice Areas




Investigations
Preserve Evidence of Innocence
Challenge the Law
Address Client's Underlying Problems
Plea Negotiations
Pretrial Motions
Trials
Appeals & Post-Conviction Relief
Motions for New Trial
Appeals
Personal Restraint Petitions & Habeas Corpus
Clemency & Pardons
Parole
Other Representations
Victims & Witnesses
Non-Citizen Clients
"Hopeless" Cases




Law Offices of Lenell Nussbaum
2125 Western Ave., Suite 330 Seattle, WA 98121
Tel: (206) 728-0996 / email: lenell@nussbaumdefense.com
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