Within one month of working on the case: A domestic-related aggravated battery with a deadly weapon, the State Prosecutors dropped the charge. Emma didn’t have to spend any time in prison, even though she was facing a maximum sentence of 21 years.
Emma was a victim of her partner’s abuse for several years. She had never been charged with a crime before, and was terrified of the consequences. The incident happened right before Christmas, and Emma was nervous she wouldn’t find a lawyer willing to help her. Emma is also a nurse with a professional license, and was worried that her professional license would be taken away as a result of a criminal charge.
Emma was a victim in a very abusive relationship with the father of her child. The man was extremely controlling and abusive. Emma was living in constant fear.
Emma’s entire family lives in New York state, so she was in Florida dealing with the abuse by herself. Emma and the man got into an argument at their house, in which she ended up striking him with a knife on his arm and hit him four times with a baking pan. The man called the police, and Emma was arrested for domestic-related aggravated battery with a deadly weapon.
Emma was facing 21 years in prison.
In Florida, Domestic Violence Battery is harshly prosecuted throughout the state, with penalties and long-term consequences far exceeding that of conventional battery.
The prosecutors originally wanted to give Emma 21 years in prison, so we started working through the pre-filling stage of the case to prove how she, herself, was actually a victim of abuse.
We were able to get Emma out of jail on bond so she could go home. Because the two of them lived together, her partner decided that he would stay at a friend’s house while the charges and the case were getting sorted out.
Her first night out of jail, Emma woke up at 3 a.m. to him breaking into the house. She was terrified, especially as she had already changed the locks. She called the police but he ran away.
Over the next couple of days, he tried to break in on four separate occasions. We pulled the 911 calls and call audio dispatch (CAD) records to prove how terrified Emma was. We reached out to the prosecutor and sent them statements from Emma’s family saying how she has been scared of him for years and the evidence showing that the man has continued to harass and abuse her.
All of her charges were dropped, and she was spared the prospect of spending 20+ years in prison on a maximum sentence.
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