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State v. S.A.

Case Conclusion Date: 03.27.2007

Practice Area: Violent crime


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. 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. Defendant called 911 while pursuing the alleged "victim". Defendant was able to pin alleged "victim's" car in and 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, alleged "victim" was unintentionally struck several times by Defendant's elbow. 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

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