United States of America v. Darryl D. Smith

Green Bay, Wisconsin, criminal defense lawyer represented the Defendant charged with assault resulting in serious bodily injury.

Smith, a former girlfriend, and her children were temporarily residing at a shelter on the reservation when Smith and his former girlfriend began arguing. Smith punched the woman in the nose, causing fractures and displacement to nasal bones and significant pain. The woman received medical treatment for her injuries.

In sentencing the defendant, Senior Judge Griesbach noted Smith’s lengthy criminal history and the seriousness of the offense. Judge Griesbach specifically pointed out Smith’s previous convictions in Wisconsin and Menominee Tribal Court involving violence against others, and abuse of alcohol as a contributing factor in nearly all the previous convictions. Judge Griesbach described the offense as “impulsive” yet “horrible,” and referred to the amount of pain the defendant caused. Judge Griesbach noted the need to protect the public from the defendant and to send a message to others that violence will not be tolerated and will result in punishment.

The case was investigated by the Menominee Tribal Police and Federal Bureau of Investigation. Assistant United States Attorney Andrew J. Maier prosecuted the case in U.S. District Court in Green Bay.

The Defendant was found guilty and was sentenced to 0 months as to count one which shall run concurrent with any state court sentence the defendant is currently serving; SR: 3 years; SA: $100.00.