Prosecutors alleged that the defendant entered the apartment of his ex-girlfriend after midnight in a drunken, jealous rage when she rebuffed his attempts to resume the relationship and when he learned that the woman’s ex-husband was staying the night. After attacking the ex-husband and being chased out of the apartment, the Defendant allegedly obtained a large wrench from his vehicle, returned to the front door of the apartment, and attempted to break the door down with the tool in order to murder the occupants. The Defendant then attempt to attack the responding police officer with the tool, who feared for his life and tased the defendant.
The State of Florida charged an R | G | M client with Burglary with a Battery, Attempted Burglary, Possession of Burglary Tools, Resisting An Officer with Violence, and Criminal Mischief. The Defendant faced life in prison and deportation.
Partners W. Clint Moore and Alejandro F. Garcia obtained a "not guilty" verdict on all counts. At trial, R | G | M proved that Defendant had consent to be in the apartment on the night in question, that Defendant had no knowledge of the ex-husband's presence upon entering, that the ex-husband punched the Defendant, that the son threatened the defendant with a hammer and then planted the hammer next to Defendant’s body, that Defendant never once attempted to harm a single person and that the Defendant had no idea that the police were attempting to arrest him. At the conclusion of the jury verdict, the Defendant’s ankle bracelet was removed and he walked out of the courthouse a free man.
If you or anyone you know has been charged with a crime, please contact us for a free consultation.