In July 2021 Behruz Almassian allegedly got into a verbal argument with his wife at their home. Their fifteen-year-old daughter intervened and, according to court documents,
[Behruz] struck the daughter in the leg, and after picking up an elastic exercise band (resembling a jump rope) approached the daughter, held the band up to her face, and warned, “Do not let me kill you like my grandfather killed his daughter.”
Behruz’s wife witnessed the incident.
Police charged Behruz with assault and battery against his daughter.
They also charged him with assault against his wife.
(Assault occurs when the defendant puts the victim in fear of imminent bodily harm but does not actually touch or “batter” the victim. This can happen through an attempted battery or a threat of battery.)
A jury convicted Behruz on all charges and his attorney appealed the verdict.
The Appeals Court affirmed the conviction for the A&B against the daughter.
However, the justices found that there was insufficient evidence to convict Behruz on the assault charge against his wife.
While there was certainly an ambient level of tension and hostility in the bedroom where the wife was also present, the defendant struck the daughter and directed his threat and threatening gesture with the exercise band toward the daughter and not toward anyone else in the room. Indeed, the wife acknowledged in her testimony that the daughter was “targeted” during the incident. In the circumstances presented, such conduct directed at the daughter does not amount to an “attempted battery” on the wife or constitute placing the wifein fear of an immediately threatened battery. Neither an attempt to inflict psychological harm to those present in the bedroom nor a generalized fear shared by the wife constitute an assault on the wife. Thus, the evidence here failed to establish the “essential elements” of an assault on the wife that would enable jurors to find the defendant guilty beyond a reasonable doubt.
The full text of the slip opinion is attached below.