12-235088

David L. Freidberg

Case Conclusion Date:March 21, 2013

Practice Area:Criminal Defense

Outcome:Not Guilty

Description:Client was charged with two counts of battery. This absolutely should have been charged as a felony aggravated battery due to the use of a weapon and the nature of the injuries, great bodily harm. The allegations were that my client slashed each victims neck, resulting in a 4 inch permanent gash. Case was set for trial, both victims appeared and testified, and it was more than evident that there was in fact a 4 inch large scar on each victim's neck. The problem is that each victim had conflicting testimony at trial, neither actually saw my client with a weapon, both were intoxicated at 5:00am when they came out of the bar, AND one of the victims actually started the altercation with my client by attempting to punch him in the face! When he pushed her away, and she fell, she got up and instead of retaliating against my client, she decided to punch his girlfriend, who was already on the ground! Motion for directed finding granted, not guilty!