At Flaherty & Merrifield, I’ve been practicing criminal defense in Fort Walton Beach since 2001. It is my only area of practice. I do NOT practice family law, but sometimes, criminal cases veer into the family law arena, especially when it comes to domestic violence cases.
CB was charged with Aggravated Assault after an altercation between her and her husband’s ex-wife. Aggravated Assault is a 3rd-degree felony with a maximum penalty of 5 years in prison.
The argument took place during a custody exchange and CB got caught in the middle. She was accused of leaving the argument in her truck and then attempting to run over the alleged victim. The reason she was charged with Aggravated Assault was because the police and the prosecutor believed that she was using her truck as a deadly weapon to threaten someone.
We Did Some Digging to Defend Our Client
The prosecutor assigned to CB’s case pushed hard for a felony conviction and some jail time so I knew the case would not resolve itself easily. I did a full investigation of the alleged victim’s background. I was able to get access to her Facebook page where she had made several threatening messages against CB, including some that implied she was making the whole thing up. I also took depositions of the two arresting officers as well as the alleged victim, and from that was able to develop an effective defense strategy in the event the case went to trial.
Shortly before the trial, the prosecutor agreed to reduce the felony Aggravated Assault charge down to a misdemeanor. No conviction on CB’s record and no jail time.