Domestic Violence Not Guilty Verdict – 9/27/17

The Alleged Crime:  My client was charged with one count of Battery Domestic Violence, a misdemeanor.

The Evidence:  The alleged victim claimed that her then-boyfriend and father of her child grabbed her arm and pushed her to the ground in the driveway of the house where he was living.  When she reported the incident the next night, the police took her statement and photos of her injuries, but did not further investigate the incident.

The Trial:  I cross examined the victim regarding her version of events and was able to show that she had at least four different versions of her story.  For example, on direct examination she claimed that she went home after the incident, where her brother called police about an hour later.  In fact, I was able to show that she did not report the incident to police until over 24 hours afterward.  I was also able to get her to admit that she probably made physical contact with my client first. No evidence was presented that my client pushed the alleged victim to the ground.

In addition, I called two witnesses to testify on behalf of my client.  One of the witnesses saw the alleged incident, but explained that he saw my client grab the alleged victim’s arm only after she swung at him, and only in self-defense.  His testimony came off as credible because he admitted that he felt both parties were in the wrong.  The other witness explained how the alleged victim stayed at the house for several hours after the incident and had no visible injuries at that time.

The Defense:  It was our position that my client acted only in self defense.  When arguing self defense, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self defense if any evidence of self defense is provided.

The Outcome:  My client was found not guilty of all charges.

Domestic Violence Not Guilty Verdict – 9/11/17

The Alleged Crime:  My client was charged with one count of Battery Domestic Violence, a misdemeanor.

The Evidence:  The alleged victim claimed that his then-girlfriend struck him.

The Trial:  After cross-examination of the alleged victim, I was able to show that his testimony was not credible.  There were no other witnesses presented at trial.

The Outcome:  My client was found not guilty of all charges.

Domestic Violence Not Guilty Verdict + Reinstatement – 5/4/17

The Alleged Crime: My client had previously entered into a negotiation on a case where he had pleaded guilty to a Battery Domestic Violence charge.  The negotiation included, among other requirements, a “broad stay out of trouble order” (meaning no new arrests or citations) and a suspended jail sentence.  My client was charged with a Battery Domestic Violence Second Offense.  The City of Las Vegas sought conviction plus requirements on the new case as well as revocation and imposition of the suspended sentence on his older case for allegedly violating the stay out of trouble order by picking up a new case.

The Evidence:  The alleged victim claimed to police that the defendant had battered her during an argument regarding their children.  She told police that he pushed her up against a wall and put his hands around her neck.

The Trial and Revocation Hearing:  During the trial and revocation hearing, the alleged victim recanted much of her story.  She explained that she had been afraid of my client because of the argument, but that he did not actually physically touch her.  She had called police because she was intimidated by the nature of the verbal argument.

The Outcome:  My client was found not guilty on the new case and was given additional time to complete requirements on his old case without imposition of jail time.

Domestic Violence Not Guilty Verdict – 4/26/17

The Alleged Crime:  My client was charged with one count of Battery Domestic Violence, a misdemeanor.

The Evidence:  The alleged victim claimed that her ex battered her while kicking her out of the house, including grabbing her arm, hitting her, and knocking her to the ground.  Officers arrived at the scene.  No charges were filed at that time.  Several days later, the alleged victim sent photographs to police of injuries she said were a result of the battery.

The Trial:  After cross-examination of the alleged victim and two police officers, I was able to show that the alleged victim’s story didn’t ring true.  In fact, the responding officers did not even file charges at the time because they did not find probable cause to do so.  On the stand, the alleged victim claimed that she was so scared of my client that she barricaded the door of her bedroom to keep him out before he even returned to the residence.  She said he still managed to break down her door, grabbed her arm, took her phone, knocked her to the ground, and battered her.  She claimed that he took her gun from her bag so she couldn’t protect herself.  Only after the alleged victim provided additional information to police at a later date, were charges filed against my client.  By playing the alleged victim’s 911 calls, I was able to reveal that she had lied to dispatch and said there were no weapons in the home despite having a gun in her possession.  Moreover, I was able to reveal through cross-examination that her story didn’t line up and there was no evidence at the time of the officers’ arrival on scene to corroborate the alleged victim’s story.

The Outcome:  My client was found not guilty of all charges.

Domestic Violence Not Guilty Verdict – 12/12/16

The Alleged Crime: The client was charged with one count of Battery Domestic Violence, a misdemeanor.

The Evidence:  The alleged victim and her daughter claimed that the defendant battered the alleged victim when she went to retrieve her belongings from their residence.  They claimed that the alleged victim went to the hospital after the incident due to the alleged injuries.

The Trial:  Through cross examination of the alleged victim, her daughter, the responding police officer, and direct examination of an independent witness, I was able to show that the alleged victim and her daughter were not being honest on the stand.  Their story did not make sense and was inconsistent with the story they had told officers on the night of the alleged incident.  Moreover, despite claiming that the alleged victim had been slammed against walls and had vomited blood, there was no physical evidence or visible injuries to corroborate the story.  Moreover, my client and the independent witness had called police to the residence before the alleged victim because of her inappropriate conduct while retrieving her belongings.  I was able to reveal through testimony and photographs that the alleged victim had actually used a taser against the independent witness before leaving and telling hospital staff and police that my client had battered her.

The Outcome:  My client was found not guilty of all charges.