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STAND YOUR GROUND-DISMISSED

Posted in Case Results on January 12th, 2016

Charges: Battery and Criminal Mischief

Facts:  The defendant and the alleged victim were neighbors who had a longstanding feud with each other.  One night , the defendant and the alleged victim engaged in a verbal altercation.  During the verbal altercation, the alleged victim advanced towards the defendant in an aggressive and threatening manner, took out his phone and shoved it in the defendant’s face in an effort to video tape the incident.

The defendant believing that the alleged victim was going to strike her in the face with the phone, swatted the phone away from her face.  The phone fell to the ground and was damaged as a result of the fall.  The defendant was subsequently charged with Battery and Criminal Mischief.

Outcome:  Mr. Sobel took the case over from another attorney who was suggesting that the defendant enter a plea.  Mr. Sobel worked the case up and filed a Motion to Dismiss based upon Florida’s Stand Your Ground Law.

At hearing, Mr. Sobel called 4 witnesses who contradicted the story of the alleged victim.  During cross examination Mr. Sobel was able to point out numerous inconsistencies in the alleged victims testimony.

The court granted the motion to dismiss the Batter charge.  Ultimately, after seeing all of the inconsistency int he testimony of the alleged victim, the State dropped the remaining charges.