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Assault and Battery Case Results (Part 3)

Internal Reference #10007

Facts: On Sunday, 1/1 at approximately 0330 hours, the defendant and victim (girlfriend) were leaving a nightclub when they got into an argument. The defendant backhanded the victim in the face causing a laceration to her lip. When the victim exited the vehicle they were in, the defendant chased after her on foot and tackled her causing an injury to her right foot. While talking to the defendant, he spontaneously stated he did push her while they were in the vehicle. Then said “I might have hit her once”.

Charges: Touching Or Strike/Battery

Result: Touching or Strike/Battery – Dismissed

All Charges Dismissed

Internal Reference #10015

Facts: On September 19, at approximately 2000 hours Officer K and Officer A responded to a location in reference to a domestic disturbance. Upon their arrival, Officer A observed a male later identified as the victim holding a baseball bat outside of the apartment complex. Officers ordered the victim to the ground. The victim stated that a female contacted him in reference to his brother, the defendant. The female (defendant’s live in girlfriend of the past year) wanted the victim to stop by and talk with the defendant about his recent behavior. The female stated that the defendant had been sleeping more then normal and exhibited unusual behavior. The female woke the defendant up from sleeping so he could talk to the victim. At this time, the defendant became verbally combative. He defendant was making verbal threats towards his brother stating, “I’m going to kill him”. The defendant walked to the living room closet and retrieved a baseball bat. While exiting the residence with the bat, the female attempted to stop the defendant by jumping on his back. The defendant pushed the female into an unknown object, and then to the ground causing her to sustain a laceration to her left buttocks an scratches on the right side of her abdomen. After being pushed to the ground, the female was able to snatch the baseball bat away from the defendant and threw the bat as far as she could down the stairwell in the front of the residence. At this time, the victim arrived on scene and was making his way towards the stairwell. The defendant exited the residence and went downstairs to retrieve the bat from the ground. The defendant walked towards the victim holding the bat n a aggressive manor with the indication he was going to strike the victim. The victim was able to recover the bat from the defendant before any injury resulted. The female’s mother was on scene and witnessed the incident. The female stated that the defendant made no direct threat to her or her mother. The female refused any medical treatment for her injuries. The female was unable to explain why the defendant was exhibiting this kind of behavior. The female stated this is the first time the defendant has been physical and was scared for her safety. The victim advised he feared for his safety and wellbeing. The female, her mother, and the victim completed and signed sworn victim and witness statements. The defendant was read and understood his Miranda rights prior to questioning but refused to answer any question directly.

Based on the aforementioned information, the defendant was placed in handcuffs (D/L), and Officer A believes probable cause exists to charge the defendant with Aggravated Assault, and Simple battery. The defendant was transported to the police department for processing and transferred to the jail. Polaroid photographs of the female’s injuries and baseball bat were taken and submitted into evidence.

Charges: Assault With A Deadly Weapon

Result: Assault With A Deadly Weapon – Withhold Adjudication, 1-year mail in probation

Internal Reference #10016

Charges: Battery

Result: Battery – 12 months probation with special conditions

Internal Reference #20252

Facts: At approximately 2113 hours, an officer responded to a car repair shop. Upon arrival, the officer observed a vehicle attempting to leave the area the same way I was entering. The driver of the vehicle observed the officer and began to reverse the vehicle to leave the area at the west side of the parking lot. However, the lot does not have an exit and the vehicle stopped. The officer then made contact with the defendant.

The defendant could not advise a reason as to why he was at this location and when the officer began to question him, he became angry. The defendant then approached the officer on two occasions and purposely bumped his body into the officer’s. The officer stepped back from the defendant and advised him to sit on the ground. The defendant refused and came towards the officer again, and he then attempted to grab the officer by placing his right hand around the officer’s body and leaning into him. The officer then pushed the subject off of him. He gave the defendant several verbal warnings that he would Taser him if he did not comply with the officer’s commands. The officer then backed away and as the defendant came towards him, the defendant was then Tased for the officer’s safety. At this point, several back-up units arrived on scene and the subject was placed into custody. However, the subject resisted being arrested and it took several deputies to handcuff him. The officer activated his Taser for a second time. The defendant also yelled when the officer pulled his Taser out, “I ain’t afraid of no fucking Taser.”

After the defendant was Tased, he was transported by a deputy to a medical center for an abrasion to his left cheek and for the Taser being deployed on him. The defendant was later transported to the county main jail. The defendant’s vehicle was towed and is being held for proof of ownership. The officer did not receive any injuries during this incident. Nothing further.


  1. Battery/on officer or firefighter (784.07(2b)) – Maximum Penalty: 1 year in jail
  2. Trespass structure/conveyance (810.08(2a)) – Maximum Penalty: 60 days in jail

Process: Upon being hired, Mr. Foley filed a motion to remove the capias (warrant). He took depositions on the case and was able to convince the state to withhold adjudication on both charges. The defendant was not convicted and paid court costs.


  1. Battery/on officer or firefighter – Adjudication Withheld
  2. Trespass structure/conveyance – Adjudication Withheld

Court costs

No Jail, No Probation, No Conviction

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I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great ... Thomas
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend ... Steve
Roger P. Foley got me reinstated. Also he got my COS waived, and got me to still be terminated off of probation on my expected termination date ... Jamar
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way ... Cassandra G.
I think your firm did a great job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that ... Jim