Attorneys Neil Anderson and Whitney Hawke succeeded this week in getting a client’s “third strike” assault case dismissed after spending months gathering evidence showing the alleged victim was not credible.
A Clark County deputy prosecuting attorney, finally conceding he had an unwinnable case, filed a motion to dismiss the charge of assault in the second degree. A Superior Court judge signed the dismissal order on May 10, and the client was released from the Clark County Jail.
He’d been in jail since his September arrest. Trial had been set for later this month.
Under the state’s 1993 persistent offender law, better known as the “three strikes” law, the client faced a mandatory sentence of life in prison with no possibility of parole had he been convicted. The law, which was approved by voters, locks away prisoners for life after a third conviction for a violent felony.
The client, 51, has two strikes for second-degree assault convictions in 1990 and 2002.