• DUI Reduced to Reckless Driving and No Conviction

Aggravated Assault Charge and Injunction Dismissed

By |2024-02-14T15:27:40-05:00February 14th, 2024|Categories: Success Stories|Tags: , , |

Facts:
My client is dating a woman who is involved in a lot of family drama. As background, two homes were inherited by her family, and in each home lives an aunt. There have been a series of family disputes over who lives in the homes and a variety of problems associated with them. My client has tried to be supportive of her family, but due to the family animosity, it has been difficult.

In the past year, the “other” aunt has allowed her son to move in with her. This son has a criminal history and is on probation. There have been family disputes over whether he should be allowed to live there. Arguments have become common as the family relationship has deteriorated.

On the day of the incident, there was a dispute between this man and the aunt. My client responded to the property and eventually got into an argument with the “other” aunt about her son living there and causing problems.

Later on that evening, my client went to the house to drop off ice cream for his girlfriend’s aunt. As he walked up to the house, the other son began taunting him. Words were exchanged and eventually, the other son came onto their property in an aggressive fashion. My client pulled out his gun, pointed it at the guy, and defended himself. The other son called the police on him and my client was arrested for felony aggravated assault with a firearm. He was taken to the Pinellas County jail and bonded out.

Also, after the arrest, the “other” aunt filed a stalking injunction against my client.

The Case:
The police alleged that my client made comments to the other son while they were arguing that he should come over to the house and find out what would happen. The police claimed that he could not have been in fear because he said those words prior to the other son coming after him. Of course, I knew that the police were ridiculous, but that was the basis of the arrest.

I immediately got the background of the situation and had my client enroll in anger management.

On the injunction, we went to court and discussed the situation with the judge and the “other” aunt. After explaining the law to the other aunt, the injunction was dismissed.

The Result of the Aggravated Assault Case:

Now that the injunction had been dismissed, it was apparent that the other family was going to go after my client. In my opinion, they were looking for a way to stay in their house and turn the blame around. I knew that they would be pressuring the State Attorney to prosecute.

After sending in a package explaining my client’s position, the State Attorney agreed to dismiss the charge. My client is now able to expunge the record of his arrest.

Sean McQuaid