Charge: Domestic Battery
Case Number: M-15-018043
Facts: Concerned that his girlfriend was cheating on him, our client began scrolling through her cellphone which was left on a table. Instantly enraged, his girlfriend grabbed a knife and began chasing our client. He raised his hands in an effort to create space between him and her. The knife punctured our client and he pushed her away. She called the police and alleged that our client had battered her. He was taken into custody and charged with pushing and hitting his girlfriend.
Results: Upon investigation we discovered what we believed to be a complete lack of any physical evidence to support the allegations of the alleged victim. As the investigation continued, we uncovered harassing phone calls from the alleged victim to not only our client, but also to his family. Eventually, after numerous conversations with the state, we negotiated to abandon prosecution in this case and file a “nolle prosse,” meaning that our client can expunge his record.
Charges: Domestic Battery by Strangulation
Case Number: 15009748CF10A
Facts: After a lengthy and tumultuous relationship, our client and his girlfriend decided it was best to part ways. She invited him over to her house to recover his belongings and while there, she began going through his phone. Our client tried retrieving the phone but was clawed at by her. He pushed her back in self-defense and she retaliated by pepper-spraying him. He immediately left the house. Weeks later, our client was arrested on a warrant because she had called police after he left, checked herself into a hospital, and alleged that he strangled her.
Results: After looking into the evidence and text messages between our client and the alleged victim; we entered photos into evidence that depicted claw marks on our client’s face and arms, alluding to the fact that he was not the initial aggressor. Another element is the fact that the alleged victim and the defendant have to be actively dating or had a previous domestic partnership, in order for the battery to be filed as a felony. The evidence showed that they were no longer dating, and that a domestic partnership could not be established based on the fact that the two never lived together. Based on the law and the facts in the case, we continued to negotiate with the state, when they eventually agreed to drop the charges.
Charges: Domestic Battery by Strangulation, False Imprisonment, Domestic Battery
Case Number: 2016CF001259AXX
Facts: Our client returned home from work and found that his girlfriend had made new plans to obtain drugs. Our client expressed his discontent with her decision-making in which she responded by throwing our client’s laptop. He tried to calm his girlfriend down but she ran outside and told neighbors she was being strangled and that they should call police. However, when police arrived, she told them she was being held in the house and was not free to leave.
Results: We immediately contacted the state and pointed out how the alleged victim had contradicted herself in her statement of events. There was lack of markings on the victim’s neck, there was an issue with her story by claiming she was being held against her will when she had run out of the house to ask a neighbor to call police. Based on the evidence, or lack thereof, we were able to convince the state to abandon prosecution by entering a “no file” on all charges.
Charges: Aggravated Battery with a Deadly Weapon
Case Number: F-15-003400
Facts: After receiving a panicked 911 call from our client’s, soon to be ex-wife, alleging that our client had hit her with a lamp. Upon hearing her story, the police made the decision to arrest our client for felony domestic battery, alleging that the lamp was a “deadly weapon” and used in the commission of the crime.
Results: Our office accumulated evidence to support our claim that there were no independent witnesses and no medical evidence to substantiate the alleged injuries. We were able to document a history of the alleged victim being less than truthful, and therefore able to convince the state to abandon prosecution in this case and enter a “no file,” meaning that our client can expunge his record.