Chapter 6 - The birthday assault becomes its own case
Genevieve was charged three days after the party.
Misdemeanor assault involving Primrose.
A child-related endangerment count was considered but ultimately not filed because the conduct was brief, injury minor, and assault charge captured the provable act under local law.
No felony because the cake itself was not a dangerous weapon and Primrose’s injuries were minor.
Genevieve’s lawyer complained prosecutors were responding to my name.
The video did not care about my name.
It showed her hand on a six-year-old’s head.
Then me.
I was charged with misdemeanor assault for slapping Genevieve.
The cake smash was included in the same conduct.
Could I claim defense of child?
The immediate assault against Primrose had ended.
I crossed the room after Primrose reached me.
Retaliation.
My lawyer, Martin Hale, said:
“You have two options. Pretend the video means something different, or own it.”
“Own it.”
Because I had no interest in teaching Primrose that her father’s anger became lawful because he loved her.
The prosecutor offered:
Plea to misdemeanor harassment/assault.
Fine.
Anger-management course.
Six months conditional discharge/probation-like supervision.
No jail recommendation.
I accepted later.
Not yet.
First, Genevieve’s lawyer filed notice she intended to argue:
I created an environment of fear.
My violence was disproportionate.
My organized-crime reputation made Genevieve reasonably afraid of being expelled from family property.
All potentially relevant to her own family/civil disputes.
None justified smashing Primrose’s face into a cake.
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But my reputation would matter elsewhere.
I could not demand courts treat me as an ordinary suburban father only when convenient.
