Battery Case Resolved – 7/26/17

The Alleged Crime: The client was charged with one count of (simple) battery, a misdemeanor.  Based upon his situation, it would be possible that a conviction would have negative immigration consequences for the client.  Based upon his prior record, it was likely that a conviction would result in jail time.

The Evidence:  The alleged victim claimed that the client struck him in the forehead by swinging around an object.  Photographs showed an injury to the alleged victim’s forehead which was bleeding at the time police arrived.  At the time of trial, the alleged victim was in court and was maintaining his story when speaking with the prosecutor.

The Catch: Despite the alleged victim’s claims, my client explained to me that he acted in self-defense because the alleged victim broke into his bedroom and tried to attack him.  After speaking with my client and his family, I reviewed evidence they possessed and presented it to the prosecutor.

The Outcome:  Based on the evidence I presented to the prosecutor and the argument I was able to make, I convinced the prosecutor to make an offer that would allow my client to leave custody and to complete requirements to earn a “dropdown” to a conviction of Disturbing the Peace rather than Battery.  This offer allowed my client to avoid risking a conviction of the potentially deportable conviction of battery (so long as he completes his requirements).

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