Battery by Strangulation (Martin County)

Facts: Our client was charged with battery by strangulation after an argument with his fiancé. However, there were no marks on the listed victim when law enforcement arrived. Our client came to use after he entered a plea with another attorney and was set for a sentencing.

Results: We immediately filed a motion to withdraw his plea and try to get this case to trial due to the discrepancies in the alleged victim’s story. The judge denied our motion and we went right to work preparing for sentencing. We took the time to review letters sent on behalf of our client to build the best argument possible at sentencing. The state was requesting a period of incarceration, but we effectively presented our client’s position in a way that allowed the judge to see this for what it was. The judge ultimately gave our client the period of probation we were asking for and no incarceration.