My client lived alone in his neighborhood. A few months before this incident, a fellow resident bought the home next to him and began remodeling it. Over the months, my client began to get annoyed by the constant debris and noise. But, the two men never had any words.
One afternoon, while the renovations were going on, my client walked outside and found his neighbor’s dog unleashed and going to the bathroom on his property. He picked up a small bag of fertilizer that was sitting next to the door and threw it toward the dog to scared it off. The bag didn’t hit the dog, but the neighbor saw it and got mad.
An argument ensued. The neighbor picked up a piece of wood from the construction and walked toward my client. My client responded by grabbing a 4′ wooden level off his porch and chased down the neighbor. He struck the neighbor several times with the level. The police were called and arrested him for felony aggravated battery. It was a serious charge.
Even though the neighbor picked up a piece of wood first, I knew it was no longer self defense once he chased him off his property and struck him. My client also knew that he took the situation too far and regretted his actions. I had him immediately begin anger management. He also sold his home and moved.
I was able to put together a presentation to the prosecutor that lessened the severity of the charges. They eventually agreed to reduce the aggravated to a misdemeanor disorderly conduct. He had to pay a $500 fine and write a letter of apology to his neighbor.
My client was happy with the result and relieved to be done with the case.