Domestic Assault Charges Dismissed After 911 Recording Disproves Alleged Confession

A client facing domestic assault and battery charges retained our office after being arrested based on allegations that he had assaulted his partner and caused their injuries.

The incident began when the client called 911 seeking assistance for his partner, who had tripped and fallen on a sidewalk and appeared to be injured. During the call, the client candidly explained to the dispatcher that both he and his partner had been drinking that evening. He also disclosed that the two had argued at dinner, during which his partner shoved him, leading to some mutual shoving before his partner walked away. The client explained that he later went looking for his partner and discovered them injured on the sidewalk.

Rather than treating the call as a request for emergency assistance, law enforcement arrested the client and charged him with domestic assault and battery, asserting that he had effectively confessed to assaulting his partner during the recorded 911 call.

Upon being retained, our office immediately sought the underlying evidence, including the 911 recording and the responding officers’ body-worn camera footage. A review of those recordings revealed a critical discrepancy between the allegations and what the recordings actually showed. Contrary to law enforcement’s characterization, the client had never confessed to assaulting his partner or causing their injuries. His statements had been significantly distorted and taken out of context.

Equally important, the alleged victim consistently maintained that no assault had occurred.

Recognizing the absence of reliable evidence supporting the charges, our office immediately set the case for trial. 

Confronted with the recordings and the lack of evidence establishing an assault, the prosecution ultimately dismissed all charges against the client.