Aggravated Battery With Deadly Weapon
Client was accused of aggravated battery with a deadly weapon, because of prior criminal history faced a maximum sentence of 15 years prison. The best state offered was 90 months of DOC. Client was on his way to store when two complainants got into an argument with him during a traffic stop. Once client got to parking lot of business the complainant were going to another business in the same parking lot. Instead of going into that business, the complainants renewed the traffic argument and confronted the client at his car, at that point despite being asked by client to leave the complainant attempted to punch client, when client defended himself by striking complainant and a fight ensued. Both parties then left the area before LEO arrived. An independent witness who worked at the business where the complainant was to attend called 911 and said she saw them at clients vehicle then run away from his vehicle. She did not provide any contact information but the officer took a photo of her DL. The government never produced that photo, after discovery depositions of the responding officers the photo was produced and the witness was located and deposed. Her account of events backed up clients account and a stand your ground hearing was held over two separate days. The court ruled client defended himself and the case was dismissed.