Assault and Battery Case Results

Internal Reference # 1024

Facts: On 9/30 at 4:15 A.M., the Defendant threw a drink on the victim/security officer, then the victim approached the defendant in which the defendant punched the victim. The victim sustained a cut under the right eye. The defendant then grabbed another security officer and pulled him to the ground and injured his arm. The defendant was arrested and charged with two counts of simple battery.

Results: After reviewing discovery and taking depositions, Mr. Foley was able to get the case dismissed for the defendant. No Jail, No adjudication, Charges Dismissed.

Internal Reference #1030

Facts: The defendant was charged with Battery

Result: The defendant hired another Attorney and was not pleased with that attorney’s services. The defendant hired Mr. Foley to replace the previous attorney. After negotiating with the prosecutor, the case was ultimately dropped by the prosecutor. No Prison, No Jail, No Conviction. All charges dismissed.

Internal Reference #1031

Facts: Investigation revealed that the defendant and his spouse had been involved in a verbal altercation that escalated and became physical.

The defendants spouse advised that after he husband was finished conducting a conference call he exited the room he had been in and appeared to be “High” or drunk.

The defendants spouse began to argue with her husband, who both parties agreed has had substance abuse problems in the past, and the defendant became aggressive.

While arguing, the defendant’s spouse called the defendants family at which time the defendant pushed his wife (who was holding her son at the time) against her will into a wall inside the residence.

The defendant continued to cause a disturbance by knocking over a chair, knocking food from the dining room table onto the floor, and smashing two phones(which did not prevent nor was it intended to prevent the victim from contacting the police) on the floor.

The physical altercation continued with the defendant knocking his wife to the floor inside the kitchen. The defendant wrestled his wife momentarily but did not strike her with his hands, arms, or legs.

The defendant’s son advised that his dad hit his mother. He further stated that the defendant’s spouse had t fix the items that had been thrown on the ground(phones, food, etc.)

The defendant’s son also displayed several scratches on his back as he was caught up in the physical altercation

It could not be determined if the scratches were a result of the defendants spouse being pushed into the wall(the son supposedly also struck the wall as he was being held at this time) or the spouse and defendant attempting to keep the son away from each other.

The defendant’s spouse refused to provide a sworn statement and advised that she did not wish to prosecute.

The defendant was placed under arrest and directly booked at the jail.

The defendant was arrested and charged with Misdemeanor Battery Domestic Violence

Result: Case Dismissed.

Internal Reference #1032

Facts: On July 23, the Defendant and some friends went out to a local club whereby they met several people. Amongst those people was the alleged victim who was invited back to the defendant’s apartment along with several girls. When the girls did not show the alleged victim became irate and punched the defendant while he was on the phone attempting to contact them. The defendant immediately questioned why he was just hit and the victim begged him not to call the police. At some point, the victim broke a glass table and the defendant began cleaning up the fragments. The breaking of the table appeared to be an accident. However, while sweeping up, the defendant was attacked by the victim. While bending down to pick up the fragmented glass he was struck in the head and then placed into a headlock, whereby he fell to the floor next to the table. A struggle ensued and the defendant escaped with the phone and called police while the alleged victim continued breaking items within the apartment.

Arrested and charged with Aggravated Battery W/Deadly Weapon

Results: During negotiations between Mr. Foley and the Prosecutor, Mr. Foley was able to convince the prosecutor of the weaknesses in the case. The charge of Aggravated Battery w/Deadly weapon (scores 21.7 months prison) was dismissed. No Prison, No Jail, No Conviction. Case Dismissed.

Internal Reference #1055

Facts: On 3/8/12, the defendant did commit a battery upon the victim, wherein Officer B identified as the defendant. The defendant did intentionally touch the victims groin with his hand in a lewd manner.

The defendant was arrested and charged with Simple Battery(784.03.)

Results: Mr. Foley entered a no content plea. After negotiations with the state and the judge, they both agreed to Withhold Adjudication on the charge of Simple Battery. No Prison, No Jail, No Conviction.

Internal Reference #1093

Facts: On 8/17 at 2330 hours, the defendant did commit the offense of simple battery on the victim, who is his daughter, by forcefully removing her from a chair, pushing her toward the roadway and slamming her to the ground. The defendant and victim were involved in a verbal dispute while seating in patio chairs at the location. The victim stated the defendant told her “you are dead”. The victim stated the defendant the grabbed her by the shoulders and forcefully removed her from her chair. The victim advised the defendant then “choke slammed” her in the driveway of the residence. The victim had minor abrasions to her left wrist and swelling above her right eye. The victim refused fire rescue.

The defendant was taken into custody without incident and was transported to the main jail for processing. The victim refused to give a tape-recorded statement and refused to have her injuries photographed.

The defendant was arrested and charged with Simple Battery (touch or strike)(784.03(1)(A)(3)

Process: While reviewing discovery, Mr. Foley realized that the state attorneys office had incorrectly identified the key witness and therefore set the case for trial. On the day of trial, the state dismissed all charges.

Results: Mr. Foley was successful in having the case Nolle Prosequi ( Dismissed )

Internal Reference #1097

Facts: On 11/18, Officer D responded to the location, in reference to a verbal argument. Officer D made contact with the witness, who stated there was a verbal argument at the residence, involving her father, the defendant. The witness stated the defendant is a respondent to a domestic violence injunction and is not to be at the address.

A computer check showed the defendant had an injunction against him for the location with the petitioner being a juvenile victim by and through an eyewitness. The communications center pulled the Sheriffs office copy of the injunction and it shows it is a no contact injunction. The juvenile victim and eyewitness both stated the defendant was at the location with them and was verbally threating to beat his daughter, the reportee.

Officer D made contact with the defendant at his residence and placed him under arrest and transported him to the jail.

The defendant was arrested and charged with Aggravated Battery/Pregnant and Violation of Probation.

The defendant violated Probation by failing to live and remain at liberty without violating any law by committing the criminal offense of Violation of Domestic Violence Injunction.

The probation officer recommendation:

The department recommends that the defendant’s current term of probation be revoked. The defendant was charged with violating a domestic violence protection order. The defendant was told on numerous occasions not to have contact with the victim or the kids. The defendant is on probation for violent offenses and has had prior violent offenses with 2 ^nd degree murder-dangerous act. With this violation the defendant scores out o 96 points. I would respectfully recommend that the defendant’s current term of probation be revoked and that he serve an active sentence in the Florida Department of Corrections Prison System with no probation to follow.

Results: The defendant already had prior charges including a Second Degree Murder conviction and multiple Violations of Probation before hiring Mr. Foley. After hiring Mr. Foley, he was able to avoid the recommendations by the probation officer and the defendant walked out of court the same day with probation reinstated.

Internal Reference # 1111

Facts: On 3/24/2013 at approximately 0630 hours, Officer O responded to a location in reference to a domestic disturbance in which the male punched the female in the stomach and left the residence. Upon arrival contact was made with the victim who advised her common law husband (defendant) with whom she has two children in common, dragged her down the stairs. Once at the bottom of the stairs, he punched her in the right side of her abdomen with a closed fist.

The defendant and the victim still reside in the same residence together, but the defendant lives in a downstairs, locked bedroom while the victim lives upstairs.

Today, the defendant told the victim that he wanted to take the kids to his girlfriend’s house. The victim told him she did not want the kids to go to the girlfriend’s house. The defendant stated that he was going to go get the girlfriend and bring her to the residence to “finish her(victim) off”.

The victim stated that the defendant called his girlfriend and put her on speakerphone. The girlfriend stated that the victims kids would be better off with her (girlfriend) and soon the victim would be out of the picture. After making these threats, the defendant left the residence.

The victim stated she had pain in her abdomen and fire rescue responded to treat her injuries. She was not transported. Officer O did not observe any visible signs of an injury.

The defendant previously told the victim that he promises she will be out of the way and that he and his girlfriend are going to raise the kids. He also previously told her no one will miss her when he buries her in the back yard. He has also previously stated that today (whatever day it happens to be) she was lucky because he hasn’t t decided yet on whether or not he is going to kill her.

When the defendant told the victim that they were going to come back and finish her off, and after all the previous threats to her life, the victim believes the defendants intentions were to return to kill her. The defendant owns several firearms, which he kept in his vehicle as well as his bedroom. She is in fear for her life.

The two minor children were present during the altercation. The victim advised the six year old has recently regressed in his potty training and has had numerous accidents. Today during the argument, the four-year-old male was so upset he vomited all over the floor. There was still vomit on the floor upon Officer O’s arrival. The four year old was very upset when Officer O spoke to him. He was crying and screaming that he did not want his mommy to go and he wanted daddy to come back. The six year old would not speak to Officer O.

Contact was made with the defendant via landline. He returned to the residence with his girlfriend and her children, in his girlfriend’s vehicle. He was detained. He stated that he left his vehicle parked on the street at another location. The defendant has a valid Concealed Weapon Permit and has no active warrants. He spontaneously stated they got into a verbal argument about taking the children to visit his girlfriends children at the park. The defendant stated that during the entire argument he remained downstairs while the victim was upstairs. At no time was there any physical altercation. The defendant wanted to take his children to the park with his girlfriends children because they had planned a birthday party for the four year old. The defendant stated that after the argument, he left his children at home and went to meet the girlfriend at the park. They left his car there and were on their way to a store when he was contacted by the police and returned to the residence. The defendant was placed under arrest for Battery. The defendant was very upset with the victim for having him arrested. He made adamant, spontaneous statements that she was finished and wanted Officer O to make sure the victim knew she was finished. The victim had previously stated that the defendant would kill her for sure for having him arrested.

The defendant has several firearms in the residence and his vehicle. The defendant signed a consent to search for both the residence and his vehicle. Five firearms were located inside his bedroom and were taken into property. The vehicle was not able to be located.

The victim provided a sworn taped statement. She contacted a mental hospital and was advised she could obtain and emergency injunction. The defendant provided a sworn, Mirandized, taped statement.

The defendant was arrested and charged with Simple Battery (784.03(1))

Process: Mr. Foley was successful in getting the charge dismissed due to negotiations with the case filing attorney.

Results: Simple Battery (784.03(1))- No Information – Dismissed.

Internal Reference # 1112

Facts: The defendant was arrested and charged with Battery

Results: After retaining Mr. Foley, the charge was dismissed.

Internal Reference # 1115

This was not a criminal case. This was before the School Board.

Facts: The defendant grabbed a classmate by the hair and slammed his head on the concrete walkway. The victim became unconscious and was transported to the hospital.

The defendant (student) was recommended for expulsion due to allegedly violating school board policy #5006 of committing aggravated battery on another student causing injury while on school grounds.

Results: The family of the defendant retained Mr. Foley to stand before school district hearing for the expulsion of the defendant. Mr. Foley was successful at the hearing as the school board handed down a decision to NOT expel the defendant.

Internal Reference #1119

Facts: On 12/27, Officer G responded to a hospital in regards to a stabbing victim arriving in the emergency room. Officer G met with the victim, and ascertained that the stabbing took place within the confines of the officers district.

Officer G observed that the victim had been stabbed/ct multiple times about his body with a sharp object. The victim advised the name of the assailant.

The victim was transferred to another hospital to be treated for what appeared to be a lacerated liver; the result of one of the stab wounds. Detective F met with the victim at hospital and gathered additional suspect information from him. The victim described his assailant as a Latin male, approximately forty (40) years of age, with a moustache and braided hair. He added the name that his assailant is known by.

On 12/31, Detective F received additional suspect information from the victim. The victim informed Detective F of a city that the suspect possibly lives and provided the detective with a cellar telephone number that is believed to belong to the suspect.

Further investigation revealed that the cellular telephone number provided was registered to the defendant. A database search revealed a photograph of the defendant. The photograph was placed in a photographic array for the victim to view.

On 1/3, Detective F met with the victim at his residence to obtain his sworn testimony regarding this incident. The victim detailed how he and the suspect engaged in a verbal altercation over a music compact disc on the street in front of a location. The defendant became angry and suddenly stabbed the victim multiple times without provocation.

The victim as shown a photographic array consisting of six(6) persons, all have similar features and characteristics and asked to identify the suspect. The victim positively identified the defendant in the array presented to him

The suspect has been positively identified as the defendant.

Based on the evidence, the defendant did knowingly and intentionally used a sharp instrument to stab/cut the victim several times against his will. By doing so the suspect caused the victim to suffer great bodily harm. The defendant is in violation of the following Florida Statue in regards to this incident: Aggravated Battery W/ Deadly Weapon – FSS 784.045(1)

Arresting Police Report:

Officer S responded to a location as a backup officer for an audible alarm at a residence. Upon arrival, Officer S made contact with Primary Officer O who stated that the defendant on the scene had an active warrant. A teletype check revealed the defendant had an active warrant for Aggravated Battery With a Deadly Weapon. The defendant was taken into custody and transported to the police department where he was transferred to jail.

The defendant was arrested and charged with Aggravated Battery w/ Deadly Weapon (784.045(1))

Process: After being retained, Mr. Foley filed a plea of not guilty for the defendant and the case went to a jury trial. The jury trial lasted 4 days and after the trial, the jury took approximately 2 hours to come back with a not guilty. The state had offered 7 years Florida State Prison.

Results: After being retained, Mr. Foley filed a plea of not guilty for the defendant and the case went to a jury trial. The jury trial lasted 4 days and after the trial, the jury took approximately 2 hours to come back with a not guilty. Not Guilty. Dismissed

Internal Reference # 1125

Facts: On 8/20 at 1243 hours, Officer S was dispatched to the south end of the an airport in reference to a white male standing in a non movement area between taxi way Echo and taxi way Hotel. Upon arrival contact was made with the witness(airport security officer), who stated that he observed a white male later identified by his Florida Drivers License as the defendant standing next to the taxi way in a posted Do Not Enter area. Contact was made with the defendant who did walk past the posted Do Not Enter signs and remained in a movement area without written permission from the airport manager. The defendant stated he was photographing a friend’s plane taking off. The defendant was issued a notice to appeal.

The defendant was charged with Movement on Runway/ No persons on Movement Area (MO 7-90)

Results: Mr. Foley was successful in having the charge Nolle Prosequi (dismissed)

Internal Reference # 1144

Facts: At a location, the defendant choked the victim(his daughter), causing her to have red marks on her neck. The defendant did this without her permission and against her will and furthermore had clear knowledge that she was 5 months pregnant. The defendant was arrested and transported to the police department for booking and later transported to the main jail.

The defendant was arrested and charged with Battery (Aggravated)(Domestic)(Pregnant female) 784.045(1)(b)H6 a second degree felony with a maximum of 15 years FSP and Punishment code scoresheet requiring 22 months FSPat the bottom.

Results: Charge reduced to felony battery . The defendant received 2 years probation.

Internal Reference # 1153

Facts: On November 18, Detective J was working a uniform detail at The Blue Martini. The defendant was inside the nightclub and was yelling at the victim. The defendant asked to speak to a manager, and several minutes went buy and the defendant became irate. The defendant was observed on video surveillance jumping a security rope that keeps patrons from going behind the bar located on the patio. The defendant then ran towards the victim and pushed her from behind, which moved them away from the view of the camera. The defendant began striking the victim in the facial area and the back of the head several times with a closed fist. The defendant’s actions caused patrons and employee staff to stop what they were doing and began watching the defendant’s actions. Security staff grabbed the defendant and removed her from behind the bar, where Detective J made contact with her. Detective J advised the defendant several times to stop yelling profane language towards the staff and she refused. The defendant was detained until Detective J was able to view the video that captured the defendant’s actions, which supported the victim’s story. The defendant was arrested and transported to the jail for booking. The victim verbally told Detective J that she wanted to prosecute.

The defendant was arrested and charged with Misdemeanor Battery and Disorderly Conduct. The defendant had previous criminal convictions.

Results: After Mr. Foley negotiated a plea deal with the judge, due to the state wanting 3 months of county jail time, the defendant accepted. The defendant pled No Contest and was found guilty on the charge of Battery. The defendant received 6 months of probation, court costs, and anger management classes. The charge of Disorderly Conduct received a Withold of Adjudication.