Late last month, the Arizona Court of Appeals considered whether a defendant acquitted of a disorderly conduct charge should be granted reconsideration of a separate aggravated assault charge. The defendant involved in the case had originally been charged with both disorderly conduct and aggravated assault, but a jury acquitted him of the disorderly conduct charge and convicted him of the aggravated assault charge. In the defendant’s appeal, he argued that acquittal on one charge meant his second charge should also be reconsidered. Ultimately, the court disagreed, and the defendant’s original verdict was sustained.
Facts of the Case
According to the opinion, the defendant in this case was staying with his sister in her home for a few days, along with his two children and her three children. Early one morning, the defendant was in the home, yelling at his youngest child. The defendant’s sister, watching the incident unfold, stepped in and demanded that the defendant stop yelling.
After a few moments of arguing, the defendant balled up his fists and began sprinting toward his sister. He backed her into a wall, at which point he dropped his forehead into her face. The headbutt fractured the sister’s nasal bone. One of the children immediately called 911, and the defendant was charged with aggravated assault as well as disorderly conduct.