Simple assault charge dismissed in D.C. Superior Court

The government recently dismissed a simple assault charge against a Koehler Law client in Washington, D.C. The dismissal came after the defense produced evidence supporting our client’s claim that he had acted in self-defense.

Our client, an 86-year-old man, had been accused of pushing a much younger woman who approached him with a camera during a political demonstration on the National Mall.

Our investigation uncovered social media evidence that provided important context for the encounter and supported the defense.

What is simple assault in D.C.?

Simple assault is a misdemeanor offense under D.C. Code § 22-404(a)(1). The offense can include an unlawful use or attempted use of physical force against another person. A completed battery may involve even relatively minor physical contact if the touching is harmful or offensive.

A conviction for simple assault is punishable by up to 180 days in jail and a fine.

Physical contact, however, is not necessarily unlawful simply because it is intentional. Self-defense can provide a complete defense to a simple assault charge in D.C. Non-deadly force may be justified when a person reasonably believes that harm is imminent, subject to other limitations recognized under D.C. law.

What happened in this D.C. simple assault case?

Our client was attending an anti-Trump demonstration on the National Mall when a young woman approached him with a camera.

She subsequently accused our client of pushing her. Based on that accusation, our client was arrested and charged with simple assault.

The defense investigation, however, uncovered evidence that provided a different context for the encounter.

What did the defense investigation reveal?

Our investigation found that the complainant maintained an active social media presence that she used to generate revenue.

A review of her Instagram activity also revealed that the incident involving our client was not the only confrontation she had documented that day. Her posts showed that she had been involved in two other confrontations during the same event.

The social media evidence also showed efforts to use the attention generated by these encounters to solicit financial support from followers.

We presented this evidence as part of the defense and maintained that our client’s actions were justified under the circumstances. The government ultimately dismissed the simple assault charge.

What did the client say after the case was dismissed?

Following the dismissal, our client wrote:

Counselor, you have a very special manner that helped me overcome the extreme fear and anxiety of an 86 year old man, who at this late stage in his professional life never expected to be handcuffed, shuffled into a jail cell and unexpectedly brought low by an internet troll making false accusations and running to the police with false video footage.

In every detail and opportunity you truly defended me, as a dedicated and ethical officer of the court should. I shall never forget your professional efforts on my behalf; and maybe the most, your unique combination of excellent writing, humanism and humor and the kind manner in which you treated me.

Thanks to you, my ordeal is over.

D.C. simple assault and self-defense

Simple assault cases often turn on context. A video clip or an allegation that one person pushed or touched another does not necessarily resolve whether a crime occurred. The circumstances leading up to the physical contact can be critical, particularly when self-defense is at issue.

Digital evidence can also be important. Social media posts, photographs, videos, text messages, and other electronic evidence may provide context that is missing from the initial police report or complainant’s account.

Focusing exclusively on D.C. Superior Court, Koehler Law represents people charged with simple assault and other criminal offenses in the District of Columbia.