Murder, Battery Defense Cases

Charge: Manslaughter and Aggravated Battery
Disposition: Manslaughter conviction reversed and remanded for new trial
Case: Berdecia v. State, 3D05-229, ____WL_____ (Fla.3d DCA Oct. 24, 2007)
Court: Third District Court of Appeal, Miami, Florida
Note: Reversal based on erroneous jury instruction and ineffective assistance of counsel

Charge: Aggravated Assault with Firearm
Disposition: Vacation of conviction affirmed
Case: State v. Freijo, 3D07-1421, ____WL____ (Fla. 3d DCA Oct. 17, 2007)
Court: Third District Court of Appeal, Miami, Florida
Note: Conviction vacated basedon involuntary plea due to failure to advise defendant of possible deportation consequence. Ruling upheld in face of state's challenge that motion to vacate was defaulted/time barred.

Charge: Battery
Disposition: Client found not guilty after a non-jury trial
Date: April 16th, 2007       
Case: State v.  R.G.; Case B06-055347
Court: 11th Judicial Cir., Miami, Florida
Notes: Client was accused of battering a condominium maintenance worker, client was found not guilty after a non-jury trial

Charge: Armed Car Jacking, Attempted Felony Murder, Use of a Firearm While Committing a Felony, Battery on a Law Enforcement Officer, Armed Robbery
Disposition: Sentence of House Arrest and Probation
Date: February 1st, 2007
Case: State v.  Q.R.; F05-15123b, F06-25020, F05-20786
Court: 11th Judicial Cir., Miami, Florida
Notes: Client was charged with several  felonies and was facing life in prison should he be convicted on either of these charges.  The prosecutor’s office was ultimately convinced to agree to a sentence of house arrest followed by probation.

Charge: Aggravated Battery w/Deadly Weapon
Disposition:  Client Found Not Guilty after Jury Trial
Date: January 20th, 2007      
Case: State V.  E.S.; Case F04-1615
Court: 11th Judicial Cir., Miami, Florida
Notes:  The client, a wackenhut security guard, was charged with aggravated battery with a deadly weapon on a train passenger.  The jury found the client not guilty.

Charge:  Aggravated Battery
Disposition: Conviction Vacated; charges dismissed
Dates:  September 13, 2006; October 13, 2006
Case:  State v. H.L.A., No. 98-013530CFA06
Court:  15th Judicial Circuit Court, Palm Beach County, FL
Note: Circuit Court Judge vacated conviction and guilty plea because trial court’s advisement of rights and consequences “did not strictly comply with the applicable rules . . ..”  Prosecution subsequently agreed to drop charges. 

Charge: Aggravated Battery with Motor Vehicle
Disposition:  Pre-trial intervention and dismissal of all charges
Date:  2006
Cases: State v. R.B.R., Case No. F05-27527
Court: 11th Judicial Circuit, Miami-Dade County, Florida
Note: Defendant charged with aggravated battery using motor vehicle as weapon, struck and injured motorcyclist with alleged intent to harm.  Persuaded victim and prosecutor to allow entry into pretrial intervention with restitution payment and dismissal of charges

Charge: Resisting Arrest with Violence; Aggravated Battery; DUI, Leaving the Scene of an Accident with Injuries; battery on police officer
Disposition:  Acquitted of all charges by jury verdict
Date:  2005 - 2006
Cases:  State v. C.M., Case No. F04-18124
Court:   11th Judicial Circuit, Miami-Dade County, Florida
Note:  Jury verdict of not guilty of all charged offenses, including resisting police officer with violence, battery on police officer, aggravated battery of civilian, driving under influence and leaving the scene of accident with injuries.

Charge:  Battery
Disposition:  Charges dismissed
Date:  2006
Cases: State v. M.J.T., (Case No. withheld - record sealed and expunged)
Court: 11th Judicial Circuit, Miami-Dade County, Florida
Note: Defendant was charged with battery on a motorist, a road rage incident.  Convinced prosecutor to dismiss the case if anger management course completed.  Case dismissed.

Charge: Arson
Disposition:  Charges dismissed
Date:  2006
Cases:  State v. A.B., (Case No. withheld - record sealed and expunged)
Court: 11th Judicial Circuit, Miami-Dade County, Florida
Note: Defendant was arrested for an arson which resulted in over $100,000 in property damages.  Convinced prosecutor of client’s lack of involvement and probable innocence.  All felony charges dismissed.  Record sealed and expunged.

Charge:  Battery on police officer; resisting arrest with violence; auto theft
Disposition:  11 days additional jail time and term of probation
Date:  2005 - 2007
Cases:  State v. C.G., Case No. F05-37827A; F05-36467A
Court:  11th Judicial Circuit, Miami-Dade County, Florida
Note:  Defendant and co-defendant charged with aggravated battery of police officer and resisting arrest with violence, auto theft, etc.  Client was career violent offender.  After two years of investigation and negotiation, reached settlement for 11 additional days in jail followed by term of probation.

Charge: Domestic Violence
Disposition:  Charges dismissed
Date:  2005 - 2006
Cases:  State v. J.T., (Case No. withheld - record sealed and expunged)
Court:  1th Judicial Circuit, Miami-Dade County, Florida
Note: Convinced prosecutor to allow entry into and completion of anger management course, after which all charges dismissed.

Charge:  Domestic Violence
Disposition:  Charges dismissed
Date:  2006
Cases:  State v. S.L., (Case No. withheld - record sealed and expunged)
Court:  11th Judicial Circuit, Miami-Dade County, Florida
Note:Convinced prosecution to drop charges if client successfully completed anger management course.  All charges dismissed.

Charge:  Burglary with assault
Disposition:  Charges dismissed
Date:  2006
Cases:  State v. A.A.; M.E.; F.E., (Case Nos. withheld - all records sealed and expunged)
Court:  20th Judicial Circuit, Lee County, Florida
Note: All three clients were charged with burglary and assault.  Convinced prosecutor there was no probable cause for arrest.  All charges dismissed.

Charge:  Battery
Disposition:  Charges dismissed
Date:  2006 - 2007
Cases:  State v. M.C., (Case No. withheld - record sealed and expunged)
Court:  11th Judicial Circuit, Miami-Dade County, Florida
Note: Client was charged with assault and battery inside residence.  Defense  investigation and negotiation persuaded prosecution to dismissal upon completion of anger management course.  All charges dismissed.

Charge: Second degree murder with a firearm
Disposition: Conviction reversed and remanded for new trial
Date: December 23, 2004
Case: Robbins v. State, 891 So.2d 1102 (Fla. 5th DCA 2004)
Court: Fifth District Court of Appeal, Daytona Beach, Florida
Note: Conviction reversed based on prosecutorial misconduct during closing argument in violation of defendant’s right to appointment of expert.

Charge: Aggravated Battery with a motor vehicle; witness tampering
Disposition: Conviction reversed and remanded for new trial
Date: June 11, 2003
Case: Goodrich v. State, 854 So.2d 663 (Fla. 3rd DCA 2003)
Court: Third District Court of Appeal, Miami, Florida
Note: Conviction reversed based on trial judge’ s interference with defense counsel’s closing argument. 

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