Facts: Our client was charged with burglary with a battery when his girlfriend accused him of reaching into her car and strangling her. She further accused him of coming into her home uninvited and strangled her again and attempted to punch her. Our client was released from federal prison with 3 years of the alleged commission of this crime which meant he was eligible for enhanced penalties and was subject to a mandatory life sentence if convicted.
Results: We came onto this case late in the game, about 3.5 years after his arrest. We immediately started reviewing all of the discovery and digging into all of the depositions previously taken. We looked at this case from every angle and prepared the case for trial. Once we knew we were ready we filed a demand for speedy trial to prevent further delay of the case. After a rigorous cross examination of the victim and the lead officer the jury found our client guilty of a lesser of misdemeanor battery on both counts. This means our client was saved from a mandatory life sentence and now he will have the opportunity out to go home and see his children again!