Facts:
My client and his family were in Pinellas County on vacation. He and his brothers decided to go out drinking at Shepard’s on Clearwater Beach. One brother drank way too much and started getting rowdy. My client tried to get him under control. His brother wouldn’t listen and started getting physical. My client punched him in the face and he dropped. The Clearwater Police responded and my client’s brother was so out of it that they took him to the hospital. The police arrested my client for aggravated battery, which is a second degree felony.
The Case:
I was hired and quickly learned that my client’s brother was not injured due to the punch. In fact, the hospital treated him solely for alcohol intoxication. Thus, I realized that my client was overcharged by the police.
My client had never been in trouble before, was a straight A student in college, and his brother did not want to prosecute. While I acknowledged that punching an intoxicated person was not the best decision to control him, I sent all of the materials and asked for the case to be dismissed.
The Result:
The prosecutor reviewed my materials and in less than a month after the incident, dismissed the case. My client is now eligible to have this case expunged from his record.
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