The Defendant was at Jupiter Dog Beach where he took his boxer puppy to play every week. There was a gentleman there with whom he had an ongoing confrontation issue with. On the date he was arrested, the defendant’s dog had run up to the alleged victim. The alleged victim was in the ocean with his dog and playing fetch with a foot long orange dog toy. After the alleged victim yelled at the Defendant to leash control his dog, the Defendant put the dog on a leash and walked away. The alleged victim stated that the dog was never leashed. The dog jumped up on the alleged victim to play again and the alleged victim kicked the Defendant’s dog in the stomach and then turned to the Defendant in an aggressive manner. The Defendant punched the alleged victim in the face and began to choke him. The alleged victim reversed the hold and began choking the Defendant. The State Attorney’s Office offered to drop the charges if the Defendant paid the alleged victim almost $5,000.00 in lost wages and medical bills because his eye socket was fractured by the punch. The Defendant declined all offers and the Firm filed a motion to dismiss the charges based upon Florida’s Stand Your Ground Immunity Statute. The State Attorneys Office called the Firm the day before the hearing and offered to drop the charges for $2,500.00 to the alleged victim. The Defendant declined all offers again. The court held a 4 hour evidentiary hearing on the motion and finally entered a 2 page written order granting the motion to dismiss holding that the Defendant was “immune from criminal prosecution and civil liability.” The charges were dismissed by the court.
DUI & Criminal Division
