Our Client was charged with battering a longtime friend. The named victim and their spouse had attended a BBQ at our Client’s home. The “victim” and their spouse argued, with the “victim” leaving the BBQ; leaving the spouse and children behind. This was out of character, so our Client, along with others at the BBQ were concerned for the “victim’s” safety. Eventually, the spouse and children returned to their residence, with our Client, along with another friend, not far behind them. According to the “victim,” our Client was upset with “victim” and committed an unprovoked attack on the “victim.” At our Client’s Stand Your Ground Motion to Dismiss, the spouse attempted to support the “victim’s” claims but admitted to not being present for the actual altercation. Our Client and his friend, who was present for the actual altercation, testified that when the “victim” finally came home, the “victim” accused our Client of attempting to have an affair with the spouse. Upon the “victim” approaching our Client aggressively, our Client held his hand out to keep the “victim” at bay. Upon the “victim” taking a swing at our Client, our Client had no choice but self defense, taking the “victim” to the ground until the “victim” calmed down. The Court found our Client acted in self-defense, standing his ground and DISMISSED the case.
DUI & Criminal Division
