State v. Auguste

Outcome: ACQUITAL ON ALL CHARGES

Description: Client was charged with Burglary with Battery (Punishable by Life in FL). State proceeded to introduce evidence at trial that incident was a result of road rage. State charged that Defendant was upset by Victim that cut him off, alleged the Defendant and companion followed the Victim and blocked him in. Defendant than exited his vehicle and entered the Driver's side window of Victim. At this point, the State attempted to put on evidence that Defendant repeatedly struck the Victim in the face resulting in approx. $9,000.00 in medical bills. Prosecution introduced photos of the Victim and his injuries. The defense showed the jury that the alleged Victim actually caused a hit and run and was attempting to flee the scene. As the Defendant approached the car he saw the alleged Victim with an open container of beer in his lap.The Defendant then reached into the car to remove the keys to prevent the Victim from leaving. During this struggle for the keys Victim was unintentionally struck several times by Defendant's elbow. Defense also put on evidence that the Defendant is the one who called 911 after being cut off and struck by the alleged Victim's car who then sped off. Jury was sent back to deliberate on: Burglary with Battery - Punishable by Life Criminal Mischief - 1 degree misdemeanor - Lesser included offenses: Burglary of a conveyance - 3 degree Felony Battery - 1 degree misdemeanor Trespass - 1 degree misdemeanor VERDICT - NOT GUILTY ON ALL CHARGES