M.H. was a young man who got arrested on vacation in Destin with a group of friends. On the night he was arrested, he and his group went to a local bar and when they returned to their condo, a fight broke out and the police were called. Our client was the only one arrested. He was charged with Battery and was facing up to a year in county jail.
Because of the extensive injuries suffered by the alleged victim, the prosecutor was demanding a minimum of 6 months in jail and was threatening to send the case to felony court and our client to prison if we didn’t take the deal.
I don’t take threats lightly when my client’s freedom is on the line, but I also don’t take kindly to being bullied. Instead of rolling over, I dug in. I focused our research on Speedy Trial grounds because I knew the alleged victim would not be available to come to court for several months.
I set our client’s case for trial and filed the paperwork to maintain and ensure his right to a speedy trial. In the end, the Judge agreed with my position and dismissed the case on the grounds that my client’s speedy trial rights would be violated had the case been allowed to continue.
Having rights is one thing, but they are no good to you unless you have someone on your side that knows how to execute them; how to make the State adhere to them.
I know what moves to make and when to make them. I know how to adapt my approach to each unique case and apply the right strategies to secure the best possible result for my clients.
If you were arrested for Battery in Destin, I can help. Call Flaherty Defense Firm today at (850) 460-7470 for a free consultation. I can meet in person, or if you’re out of town, we can talk on the phone. Either way, I welcome your call.
For my client, T.O., life was good. He had a nice house, a good job, and he was getting ready to marry the woman he loved. What burst his bubble was a scorned ex-husband who was determined to make my client as miserable as he was. T.O. was stuck in the middle of a long standing custody dispute between his fiancée and her ex-husband. While he did everything he could for more than 7 years to stay clear of the arguing exes, one day the situation blew up right on his doorstep.
T.O. was working inside his house in Fort Walton Beach when the ex-husband charged the front door demanding to be let inside. The ex was asked several times to leave his property. T.O.’s fiancée and her ex-husband were arguing loudly, and when the ex-husband lunged toward her, T.O. pushed him back and told him to leave his property immediately. The ex-husband punched T.O. in the face and fled the property.
Law Enforcement showed up a few minutes later and arrested T.O. for battery against the ex-husband. He explained to law enforcement that he was defending himself and was not the first one to charge or issue a threat.
Given the volatile relationship between these parties, the ex-husband wanted the maximum sentence. His goal was to get my client thrown in jail. I immediately began working on the framework for a defense that included defense of others, defense of property, and self defense. T.O. had the right to protect his fiancée on their property. They had no duty to retreat from their own property.
I prepared this case for trial and informed the State that nothing short of a dismissal would get this matter resolved. The State’s back was against the wall considering their “victim” was very angry and wanted revenge. With witnesses ready, subpoenas served, and a jury waiting in the wings, the State agreed to dismiss the case.
If you have been charged with Battery in Fort Walton Beach, call Flaherty Defense Firm at (850) 243-6097. I am ready to put our experience and expertise to work for you.