This was another of our cases eligible for the domestic violence deferred sentencing (DVDS) program. Client declined the DVDS program and asked for a trial. At the trial, there is a stage when the defense may make motions after the prosecutor has finished offering all of the evidence they can get in front of the jury. At that stage, Mr. Beach argued for a motion for judgment of acquittal because all that could be proved is that the ‘victim’ had been pointing again and again in Mr. Beach’s client’s face and all he (Mr. Beach’s client) did was push away the hand from his face. Dismissal granted!