Sam and Malia were married, with a 4 month old baby. On one evening, Malia began arguing with Sam for taking too long in the bathroom, as it was their infant’s scheduled bath time. When she kicked the bathroom door out of frustration, Sam opened the door to continue yelling at her before breaking the door by kicking it.
As Malia attempted to leave the nursery after placing the baby in the crib, Sam shoved her, causing her to fall and hit her head on the ground. Sam continued to push her as she attempted to get up. He then made efforts to prevent Malia from calling 911 and refused to let her leave the bedroom she had fled to.
After Malia had contacted a friend, Sam allowed her to leave the apartment, but without her phone and after cutting up her credit card. She proceeded to knock on the door across the hallway, at which point Sam pulled her back into their residence.
Allowed to leave a second time, Malia asked a stranger at the front of the building to borrow their phone in order to contact her mother, who arrived shortly afterwards to assist with extricating the baby. When knocks on the door went unanswered, police were contacted again.
When police arrived, they ensured the wellbeing of the baby before arresting Sam.
Result: Sam was a soon-to-be professional. He was charged with assault, forcible confinement, and mischief under $5,000. After careful consideration, a plea bargain was negotiated whereby he could plead to assault and mischief. He pleaded guilty at one appearance and adjourned sentencing so he could complete the local domestic violence program. Upon receipt of the completion report, it was clear he had really applied himself to the program and as such was a lower risk to re-offend. He avoided a criminal record and received a conditional discharge.
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