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Battery and Assault Offenses

September 29, 2016

Man Brutally Hits Wife In The Left Eye With His Fist Resulting In Severe Internal Bleeding; Charges Dropped!

An officer was called to the scene due to a domestic battery complaint. According to the officer, a verbal argument escalated into a physical altercation. Our client bumped the alleged victim with his chest where he was told not to touch her, this resulted in our client hitting the alleged victim in the eye with a closed fist. Digital photographs were taken and our client was arrested and charged with domestic violence battery.

RESULT: After diligent negotiation with the ASA (Assistant State Attorney), it was agreed that our client would undergo counseling with the domestic violence chargesDROPPED!

Internal Ref# 09-MM-21700


Man Charged with Strangling Girlfriend; No Conviction, No Jail Time

Client was arrested and charged after a domestic violence related incident. An officer was sent to a residence in North Fort Myers in response to a report of a domestic disturbance. Upon arrival, the officer discovered the client, who was highly intoxicated, along with his live-in-girlfriend, his girlfriend’s adult daughter, and the daughter’s boyfriend. According to the police report, after drinking all day the client abruptly and without warning lunged at his girlfriend and began to choke her. Her daughter then grabbed a beer bottle and struck the client twice in the head. The client then began to choke the daughter until the daughter’s boyfriend pulled the client away from her. In his report, the officer noted that both victims had red marks on their necks. Our client was arrested and charged with two counts of Felony Battery – Domestic Battery by Strangulation.

RESULT: Despite being charged with two felonies each punishable by up to five years in prison, our client was released with probation and an order for counseling. After our client retained us, we successfully negotiated a plea agreement, whereby jail time was avoided, despite having been charged with two third degree felonies. NO CONVICTION!

Internal Ref# 10-CF-14401


Husband Accused of Threatening Wife and Violating an Injunction Escapes Criminal Conviction with a “Slap on the Wrist” and Fine

Our client appeared in court for a final hearing on a domestic violence injunction. The petitioner in the case claimed that made the comment “you’re finished”. Our client stated that he was making that comment in reference to his girlfriend returning from the bathroom. He was then charged with a 1st degree misdemeanor for making contact with the petitioner.

RESULT: It was then discovered that the petitioner was bipolar where she had falsely accused our client of breaking the injunction eight separate times in one day. The State announced its intention to try and exclude testimony relative to the petitioner’s mental health and false accusations. After diligent negotiations with State that the mental health of the petitioner would more than likely be admissible, the State offered no conviction, no probation and a limited fine.

Internal Ref# 2009-MM-361701-BA


Domestic Violence Charge Involving Husband and Wife Completely Dismissed!

Client was engaged in an argument with her husband while on the phone with her sister who resides out of state. Her sister had heard an object thrown up against the wall prior to the call being disconnected. At that point and out of concern the sister proceeded to call law enforcement. When the police arrived at the residence it was determined that our client threw a clothes hanger at her husband. Our client was then arrested and charged with domestic violence and a no contact order was set in place.

RESULT: Although the husband lacked the desire to prosecute, the State decided to prosecute regardless. We prepared a Motion to Lift the No Contact Order. We advised the State of our intent with the inclusion of contesting the charge against our client. After diligent negotiation, the State announced that it would no longer pursue the charges and dropped the case.

Internal Ref# 2009-MM-18194-NC


Defendant Accused of Having Sex with Girlfriend’s Teenage Daughter

NO CHARGES FILED!

The defendant’s girlfriend accused him of having sex with her 16-year old daughter. The alleged victim’s mother filed an injunction against the suspect. The police investigated thesuspect for sexual battery on a minor age 16 or younger.

RESULT: The attorney immediately contacted the State prior to the client speaking to the cops regarding the details of the case. The defense argued that the police did not have enough evidence to make an arrest and there is not enough evidence to prosecute. The State agreed and decided NOT TO FILE CHARGES!

Internal Ref# CS09KF11-13


Suspect Threw Butcher Knife at Girlfriend then Pinched her until she Bled; Faces Prison for Aggravated Battery w/ Deadly Weapon & Simple Battery

NO CONVICTION!

Officers were contacted after a defendant got into an argument with his girlfriend and threw a butcher knife at her. The following day the defendant allegedly pinched his girlfriend to the point she bled and scratched her face. The victim filed charges with police and arrested the defendant on aggravated battery with a deadly weapon and simple battery.

RESULT: The client faced years in prison if convicted on all charges. The defense focused on the inconsistencies in the victim’s statements. The attorney prevailed with the Court ruling no formal finding of guilt.

Internal Ref# CS09KF11-30


Intoxicated Patron Strikes Officer in Chest; Arrested for Battery on Law Enforcement Officer & Disorderly Intoxication

No Battery Conviction & Disorderly Intoxication: Charge Dismissed!

Authorities were called to a local hotel over the presence of an intoxicated and out of control patron. Officers escorted the suspect back to his room to sober up. The police attempted to calm the defendant in his hotel room when he swung on the officer hitting him in the chest. Officers arrested the suspect on charges of battery on a law enforcement officer and disorderly intoxication.

RESULT: The defense entered into negotiations with the State and the officer/victim would not agree to a reduction of the charges. The defense moved forward with preparing for trial and brought the client’s good record to light. The attorney succeeded with obtaining NO CONVICTION on the battery charges and the convinced the Court to DISMISS the disorderly intoxication charge.

Internal Ref# CS09KF11-16


Defendant Attacked the Victim, Stole her Cell Phone & Tried to Hit her With Truck

CHARGES DROPPED!

Officers were called to the scene of a party after the defendant attempted to jump the victim. It was a case of mistaken identity when the suspect and others surrounded the victim and stole her cell phone. The victim attempted to escape when a white truck attempted to run her over. The cops were called and the suspect fled. Officers later caught up to the perpetrator and arrested her on battery charges.

RESULT: The attorney rigorously prepared the case for trial. The State attempted to continue the case, but the defense argued against it. The defense prevailed and all of the charges against the client were DROPPED!

Internal Ref# CS09KF10-28


Victim Received Four Staples in Head Resulting from Domestic Violence Injury

NO DOMESTIC VIOLENCE CONVICTION AGAINST CLIENT!

The defendant allegedly came home drunk and began arguing with his girlfriend. She attempted to hide in the bedroom and locked the door. The defendant kicked it down and found the victim hiding in the bathroom. He then grabbed the victim by her hair and dragged her down the stairs. She hit her head on the tile and received 4 staples to her head as a result of the injury. Officers arrested the defendant and charged him with domestic violence battery.

RESULT: The defense convinced the State not to bump the offense up to a felony. The attorney obtained no formal finding of guilt on behalf of the client. The client is now eligible to have his records sealed.

Internal Ref# CS09KF10-14


Victim Allegedly Received Black Eye from Boyfriend; Arrested for Domestic Battery

CHARGES DROPPED!

Officers were called to the scene of a domestic disturbance. The victim and girlfriend of the defendant claimed he hit her after dancing with other men at a party. Officers noted the victim had swelling and bruising over her right eyebrow. Officers arrested the defendant and charged him with domestic battery.

RESULT: The attorney believed in the Client’s innocence and prepared the case for trial. The Court ruled in the defense’s favor and DROPPED all of the charges against the Client.

Internal Ref# CS09KF10-14


Defendant Accused of Raping Friend and Held on $50,000 Bond

NO CHARGES FILED!

The defendant offered a female friend a place to stay after she was kicked out of her home. The suspect tried to initiate sex on three occasions and was turned down by his female friend. On the fourth occasion the parties mutually engaged in foreplay and sex before stopping at the friend’s request. The suspect left for work and the friend filed charges that he had raped her. Officers arrested the defendant on charges offorcible sexual assault and held on $50,000 bond.

RESULT: The defense argued the victim’s history with filing falsified police reports and a four hour time line between the acts of sex and reported raping. The attorney obtained a toxicology report of the victim’s blood and determined her to be under the influence at the time of the filing. The attorney successfully negotiated for all charges to be DROPPED!

Internal Ref# CS09KF09-23


Aggressor in Fight Arrested for Domestic Battery

Charges DROPPED!

Police were called to the scene of a domestic disturbance. The parties engaged in mutual combat prior to the police arriving. Officers took the female into custody under suspicion that she was the initial aggressor in the fight. She now faces a first degree misdemeanor domestic battery charge.

RESULT: The defense reviewed the details of the case with the prosecution and convinced the State not to file charges against our client!

Internal Ref# CS09KF09-28


Victim Claimed Defendant Beat Her; Arrested on Domestic BatteryCharges

Charges DROPPED!

Police responded to a domestic disturbance at a residence. The Victim stated that the parties were involved in a verbal altercation that turned violent. The Victim made a declaration to Police that the Defendant had beaten her. Police arrested the Defendant and charged him with Domestic Battery.

RESULT: The Client and the attorney established a timeline of events prior to the arrest. The Defense moved forward with depositions of witnesses and preparation for trial. The attorney obtained a confession from the Victim that the altercation started as horseplay and she escalated the situation. The Defense presented the confession to the Prosecution and the State DROPPED all charges against the Client.

Internal Ref# CS09MM06-02


Police Called after Defendant Attacked Victim & Children; Arrested on Battery Charges

No Battery Conviction!

Police were called to the scene of a disturbance that had turned physical. The Victim claimed the Defendant attacked her when she tried to leave the location with her children. The Defendant, whom had no relation to the Victim, stated to Police that he had an issue with the Victim’s children being out of bed this late at night. The Police documented the marks on the Victim’s face and took the Defendant into custody onBattery charges.

RESULT: The defense subpoenaed witnesses and the arresting Officer in preparation for trial. The attorney filed a Motion to Take Depositions of all parties involved in the case. The Defense arranged a generous plea deal resulting in a no formal finding of guilt ruling. The Client had since moved out of State during the pendency of the case and the Attorney drafted a Plea in Absentia for the Client’s convenience. The Client no longer had to return to Florida to deal with the charges. The Client is now eligible to have his records expunged.

Internal Ref# CS09MM06-24


Ex-Husband Slapped Wife during Heated Argument over Child Custody

Charges DROPPED!

Ex-spouses got into a heated argument over the custody of their children. The Defendant became so enraged that he slapped the Victim twice in the face and then fled the scene. By the time the Police had arrived, the Victim’s eyes had swelled completely shut. The Officers caught up with the Defendant and arrested him onDomestic Battery charges. The Court issued a No Contact Order pending the resolution of the Battery case.

RESULT: TheAttorney filed a Motion to Set Aside the No Contact Order in an effort to maintain the Client’s parent/child relationships; in which the Court GRANTED. The Defense arranged family counseling for the parties and their children. The Defense convinced the Prosecution that moving forward with a trial would disrupt the positive steps the family had created. The Court agreed and DROPPED the charges against the Client!

Internal Ref# CS09MM07-01


Defense Attorney Prevents Prosecution of Battery Charge

Charges DROPPED!

The Police responded to a domestic disturbance call. The victim, the Defendant’s girlfriend, claimed she was struck by her boyfriend during an altercation. The Officer arrested the Defendant and charged him with Domestic Battery.

RESULT: Domestic Battery is a serious misdemeanor crime with mandatory sentencing by law. The Defense Attorney immediately consulted with the Prosecution over the details of the case. The Client lived out of State and the Attorney arranged a waiver of the Client’s appearance. The quick actions and persuasion of the Defense lead to the State DROPPING all charges against the Client. The Client is now eligible to have his record expunged.

Internal Ref# CS09MM06-02


Defendant Attacked Pregnant Woman; Arrested for Battery on Pregnant Victim

Charge DROPPED!

Police responded to a domestic disturbance call involving a pregnant victim. Two brothers were in amidst of an altercation prior to the pregnant victim being attacked. One brother struck her stomach and grabbed her by the throat to choke her. Police saw marks on the pregnant victim’s neck and wrists. The Police arrested the Defendant and charged him with Battery on a Pregnant Victim. The hospital monitored the pregnant woman and her unborn child for any signs of trauma; neither had serious long term injuries.

RESULT: The Defense moved forward with setting depositions of the witnesses and the Client. The Attorney consulted with the Client and counseled the family on the severity of the incident. The family expressed concern about the Client receivinganger management counseling. The Defense negotiated with the State on counseling and persuaded the Prosecution to DROP the charges against the Client.

Internal Ref# CS08MM09-24


Jogger Tossed Kid Off his Skateboard; Arrested on Battery Charges

Case DISMISSED!

Two children notified Police after a jogger attacked them. The children made rude comments to the runner as he passed by. The jogger responded by grabbing one of the kids off his skateboard and shaking him in the air. The jogger threatened to the child’s mother that she’s lucky he did not beat the child for his snide remarks. The police arrested the jogger on battery charges.

RESULT: The Defense fought the charges against the Client by deposing key witnesses in the case. The Defense entered the Client into a Pretrial Diversion Program to keep this first time offender out of the Court system. The State thenDISMISSED all charges against the Client. The Client is now eligible to have his records expunged.

Internal Ref# CS08MM04-18


Disorderly Boater Kicked His Wife; Arrested for Domestic Battery

CHARGES DROPPED!

Police responded to a beachfront bar after management kicked out a disorderly patron. The Defendant then retreated to his boat to sleep off his day of drinking. The Defendant’s wife volunteered to drive her husband and their boat home. After she boarded the boat, the Police witnessed the Defendant kick and swing punches at his wife. The Police arrested the Defendant and charged him with Domestic Battery.

RESULT: The Defense entered into discussions with the Prosecution over the details of the case. The Defense proved to the Prosecution that there were inconsistencies in the arresting Officer’s statements. After conversations with the Defense, the Prosecution DROPPED all charges against the Client.

Internal Ref# CS09MM06-22


Client Attacked Neighbor with Grout Trowel; Arrested on Aggravated Battery Charge

NO PROSECUTION & AGGRAVATED BATTERY CHARGE DISMISSED!

A woman engaged in a feud with her neighbor over him throwing things at her trailer. The woman confronted her two male neighbors in her yard and one man physically attacked her. The woman acted in self defense by grabbing a grout trowel, used for laying tile, and sliced her neighbor in several places. The woman’s boyfriend witnessed the altercation and came to her rescue. The boyfriend used a tazer to taze the violent neighbor while he contacted 911. The woman was arrested and charged with Aggravated Battery for her part in the brawl with the neighbor.

RESULT: The attorney filed the Appearance on the Client’s behalf and entered into discussions with the Prosecution over case details. Our Defense Attorney convinced the Prosecution not to press charges and DISMISSED the case against our Client.

Internal Ref# CS099MM06-11


Bounced Bar Patron Strikes an Officer; Charged with Battery & Resisting Arrest without Violence

Resisting Arrest Charge is DROPPED & NO FORMAL FINDING OF GUILT on Battery

The Police were called to a local bar after a disorderly customer refused to leave the location. The Officer on the scene observed a shirtless suspect screaming profanities and kicking a glass entry door. The volatile Defendant yelled at Police that he would not leave without his glasses that were left inside the bar. A back-up Officer volunteered to get the suspect’s glasses, but the Defendant then had to immediately vacate the property. The Defendant protested by grabbing the Officer by his shirt. The Officer grabbed the suspect’s wrist and the Defendant turned to run. The Officer threw the Defendant onto the ground and cuffed him. The Defendant was arrested on charges of Battery and Resisting Arrest without Violence.

RESULT: Battery on a Police Officer is not a crime that the Court takes lightly. The Defense entered into intense negotiations with the Prosecution over the details of the case. The Defense Attorney convinced the Prosecution not to pursue the Resisting Arrest without Violence charge and the Court found NO FORMAL FINDING OF GUILTon the Battery charge!

Internal Ref# CS088MM12-12


Boyfriend Accused of Attacking and Beating his Girlfriend; Charged with Felony Possession of Morphine & Domestic Battery

BOTH CHARGES DROPPED!

Police responded to a possible battery at an apartment complex and found a woman with injuries. The woman accused our Client of beating her and smashing her TV with a hammer. Police arrested our Client and charged him with Battery. Police found Morphine pills in the Defendant’s wallet and charged him with Felony Possession of Morphine.

RESULT: The attorney proved the Defendant had valid reason for being in possession of the Morphine, as well as presented an aggressive challenge to the evidence on the Battery Charge. The State agreed to DROP BOTH CHARGES!

Internal Ref# CS099MM04-21


Angered Wife Charged with Domestic Violence Battery Against Husband

CHARGE DROPPED!

Police dispatched to a domestic dispute found our Client distraught and upset. She admitted to being enraged at her husband and intentionally striking him in the face. Her husband and another witness gave sworn statements against her. Police arrested her for Domestic Battery.

RESULT: The attorney aggressively challenged the State on being able to meet the burden of proof needed for a conviction. The State Attorney DROPPED the charge against our Client.

Internal Ref# CS099MM04-17


Tourist With Extensive Prior Record Arrested for Pushing & Shoving Woman

Three Criminal Charges: NO CONVICTION!

Our Client was vacationing in Florida and accused of engaging in a physical fight with a woman peddling items on the street. Police were called and our Client fled on foot. Police apprehended our Client and charged him with Battery, Disorderly Conduct, and Resisting Arrest. Defendant failed to appear at a Pretrial Hearing and the Court issued a Bench Warrant for his arrest.

RESULT: Attorney filed a Motion to Set Aside the Bench Warrant; the Motion was granted, vacating the Warrant. Attorney Musca successfully convinced the State they would be unable to meet the burden of proof to secure a conviction. The State agreed to a formal no finding of guilt on both the Battery Charge and Resisting Arrest Charge. The Disorderly Conduct Charge was dismissed completely!

Internal Ref# CS099MM03-28


Juvenile with Lengthy Criminal History Accused of Domestic Violence Against Mother

Battery Charge: DISMISSED!

Police responded to a domestic disturbance between a mother and her son. The woman reported her son acted physically violent towards her. Police arrested the Defendant and charged him with Battery.

RESULT: After firm negotiations, the State DISMISSED the charge.

Internal Ref# CS099MM02-18


Boyfriend Accused of Beating his Girlfriend with a Gun

Battery/False Imprisonment/Aggravated Assault: Charges Dropped!

Defendant’s girlfriend accused him of violent behavior. Police arrested the Defendant on charges of: Battery, False Imprisonment, Aggravated Assault with a Deadly Weapon, and Property Damage Criminal Mischief.

RESULT: After reviewing the evidence against our Client, the State agreed to DROPall charges against him.

Internal Ref# CS099MM02-13


Client Facing 20 Years in Prison for Aggravated Assault & Aggravated Battery with a Deadly Weapon

CHARGES REDUCED!

A woman accused the Defendantof breaking a window at her home and striking her in the head with a handgun. Police felt probably cause existed to arrest the Defendant, charging him with Aggravated Battery with a Deadly Weapon, and Aggravated Assault with a Firearm. Our Client faced serious felony charges, punishable by up to 20 years in prison.

RESULT: With a strong legal defense, our Attorney negotiated a plea resulting in reduced charges.

Internal Ref# CS099MM02-10


Ex-Girlfriend Arrested for Battery in Sports Bar

CHARGES DROPPED!

Police arrested the Defendant for Battery after her ex-boyfriend accused her of physically attacking him in a sports bar. Witnesses gave statements supporting the victim’s allegations.

RESULT: Before the trial date, the Attorney demonstrated to the State that the charge against our Client should be dropped. The State agreed and DROPPED the charge.

Internal Ref# CS099MM01-30


Teen Facing 15 Years for Sex Offense – Lewd & Lascivious Sexual Battery

FOUND NOT GUILTY BY JURY!

An under-age female accused the Defendant of soliciting and encouraging her to engage in sexual activity. Defendant was charged with Lewd & Lascivious Battery; Unlawful Sexual Activity with a Person Under Sixteen. If convicted, the Defendant faced a maximum sentence of 15 years in prison, as well as being declared a sexual offender and forced to comply with sexual offender registration laws throughout Florida and the US.

RESULT: After completing all pretrial discovery, the Defense was determined to successfully win the case. The Attorney proceeded to challenge the evidence and took the case to trial. After rigorous cross examination of the State’s witness, our experienced trial attorney was able to convince the jury to return a NOT GUILTY verdict. Our client is eligible to have his charges expunged.

Internal Ref# CS088MM10-03


Ex-Girlfriend’s Nasty Phone Messages Dispute Domestic Violence Charge

Battery Causing Bodily Harm: DISMISSED!

Our Client, a Mexican citizen with poor English comprehension, arrived at the home of his ex-girlfriend to pick up their son for a weekend visit. He claimed the woman violently attacked him and scratched his face. While trying to defend himself, he struck her in the face. Two days later, police arrested our Client, charging him with Battery Causing Bodily Harm.

RESULT: During depositions, the Attorney aggressively cross-examined the witness on her claims and called into question the phone messages she left on the Defendant’s answering machine. Her messages flaunted the fact she had him arrested intentionally in an attempt to take away his custody rights. In light of the supportive evidence presented in defense of our Client, the State dismissed the case for insufficient evidence.

Internal Ref# CS088MM02-27


Mother Accused of Battery on Person Over 65 & Violation of No Contact Order

CASE DISMISSED!

The Defendant was arrested for Battery on a Person 65 Years of Age or Olderagainst her 72-year old husband. The Court issued a Pre-Trial Release Condition ordering her to have no contact with her husband. Defendant was arrested a second time for Battery and Violation of No Contact Order. Defendant sought professional counseling and reconciled with her spouse.

RESULT: The Attorney motioned the Court to Lift the No Contact Order. The Motion was granted; the State Attorney’s office issued a Nolle Pros, dismissing the charge of Battery against our Client. Our client is eligible to have her record expunged.

Internal Ref# CS088MM01-30

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