• DUI Reduced to Reckless Driving and No Conviction

Battery on Neighbor Dropped to Disorderly Conduct

By |2023-09-25T10:07:22-04:00September 25th, 2023|Categories: Success Stories|Tags: , , |

Facts:
My client was out walking her dog with her boyfriend. Her dog went to the bathroom in her neighbor’s yard. As she was picking it up, the woman neighbor came running out of her house screaming. My client yelled back at her. The neighbor began to film her. In the stress and chaos, my client knocked the phone out of her hand and left. Nothing was broken, but the neighbor called the police.

When the police arrived, my client admitted to knocking the phone out of her hand, but stated that the neighbor was the aggressor. The police did not care and arrested her for misdemeanor battery and took her to the Pinellas County Jail.

The Case:
I was hired and I tried to get the charge dropped before it was filed. But, the woman’s neighbor was insistent that my client be charged. So, the battery charge was filed and we went to court.

During the case, I was able to find another neighbor who had witnessed this woman act aggressively many times in the past toward dog walkers. He stated that he believed that she was mentally ill and was a real problem in the neighborhood. I provided his contact information to the prosecutor.

Fortunately, after the prosecutor spoke to this witness, he backed off on the case. But, because my client hit the phone out of the woman’s hand, he couldn’t let it go completely. So, we cut a deal.

The Result:
The battery charge was amended to a disorderly conduct. My client was given a withhold of adjudication (no conviction) and had to pay a $500 fine. My client was happy with the outcome. She knew that she shouldn’t have hit the phone away, but didn’t feel like she should be charged with battery. She is now eligible to seal her record.

Sean McQuaid