State v. Andrew Levinson
May 18, 2015OUTCOME: Charge dismissed on motion of the DA's Office after defense presentation of favorable defense witness and death of witness who supported "victim's" account of incident.
My client was accused of second degree battery, i. e., striking another man repeatedly in the face with his fist such that serious injury resulted from the blows. My client denied ever touching the al ... leged victim, and asserted that the victim had concocted the story in a collusion with a woman in order to sue my client for monetary damages. The Sheriff's Office was called to investigate and my client was arrested and booked for second degree battery, a felony. Fortunately, we found a witness who saw the entire incident, and gave a statement that my client never threw a punch, and that the "victim's" injuries most likely resulted from my client, the alleged "victim", and the woman all falling to the ground on top of the victim as they were verbally accosting each other, and that the back of the woman's head likely caused the facial injuries to the "victim." The woman with whom the victim colluded died of a poly-drug overdose a few months later, and when the existence of the defense witness was drawn to the attention of the handling ADA in the DA's Office, along with the existence of the favorable defense witness, the State agreed to dismiss the charge.
