PROSECUTORS DROP CHARGES AGAINST CLIENT CHARGED WITH AGGRAVATED BATTERY AFTER FILING A STAND YOUR GROUND MOTION

By Erick Cruz October 14, 2016 Posted in News, Victories Share

A client charged with aggravated battery had his case dismissed right before a hearing on a motion to dismiss based on the stand your ground law.  The client, a Miami man with no criminal history, was charged with aggravated battery after he and an acquaintance got into a fist fight on the side of the road.  Two independent witness called the police to alert them that the client was straddling the alleged victim and pummeling him to unconsciousness. By the time the police arrived, the client had left the scene.

A few days later, the client received a call from a police detective asking him to come to the station to provide a statement.  The client wisely retained Erick Cruz to represent him while the investigation began.  Erick protected his client's rights and told the detective that his client would not make a statement and coordinated a voluntary surrender.  Erick had the client immediately bonded out of jail.  

Erick began the defense investigation by conducting depositions of the witnesses and officers.  He also obtained impeachment evidence against the witnesses and used the police officers to corroborate aspects of the defense.  Erick also retained a private investigator who took statements from witnesses, obtained evidence and conducted a background check on the alleged victim.  Armed with all of this information, Erick prepared a motion to dismiss based on Florida's stand your ground law arguing that his client was acting in self defense.  

After concluding the defense investigation and filing the motion to dismiss, the case was set for hearing.  Moments before the hearing was about to start, the prosecutors announced that  they were dropping all of the charges against the client.  The client was very relieved because he avoided going to prison and preserved his immigration status.

If you find yourself or a loved one under investigation and facing criminal prosecution call Erick Cruz.  The possibility of being arrested and convicted of a crime carries immediate as well as long-term consequences.  Put my experience as a former prosecutor and criminal defense attorney to work for you to avoid the consequences and stigma of a criminal arrest or conviction.

At the Law Office of Erick Cruz we are dedicated to representing individuals under criminal investigation or who have been arrested and charged with a crime. Because our office’s exclusive practice focuses on criminal defense in Miami, Erick Cruz has established and maintains a positive working relationship with other defense attorneys, prosecutors and criminal court judges. The exclusive focus on criminal defense allows us to dedicate the time and resources necessary to represent you through a criminal investigation, criminal prosecution or post-conviction matters.