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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Criminal Law

CASE #05-CF-018725; Judge: Robert Foster; Date: February 1, 2007

FACTS: The State Attorney filed three charges of Aggravated Assault with Firearm (discharge) against the client. This charge carries a 3 year mandatory minimum sentence in Florida State Prison if convicted. The three victims leased a small home from the defendant. After the victims failed to pay rent on numerous occasions the client went to the home to determine why they refused to pay. According to the victims the client was intoxicated and got into an argument with the mother of one of the victims. Before he left someone called the victims who were driving home. When the victims arrived on scene they began to argue with the defendant. The argument led to a number of threats by the victims. According to the victims the defendant pulled out a pistol and fired into the crowd that had gathered. After the defendant left the police were called and reported to the scene. Their investigation led to the defendant's arrest on the above charges.

DEFENSE: Thorough investigation of these types of charges is critical! At first glance the client's case appeared extremely difficult. The victims were surrounded by numerous people who claimed he fired his weapon right at them. The defendant's story differed from the victims in a number of ways. He admitted he fired his weapon, but not at the crowd of people, and not until he left the area. He claimed he only fired the weapon after the victims retrieved their own firearm and discharged it. Through investigation we located two witnesses who lived nearby and heard shots fired that night. Shortly after hearing the shots they saw one of the victims walk by, and claim that he was "going to jump the shooter, but he pulled out a gun". In addition, we learned from another witness that the crowd was preparing to attack our client.

RESULT: The State does not like to drop charges this serious without a very good reason. Ultimately, we were able to convince the State that its witnesses had no credibility after the discovery of these neutral witnesses.
Two of the three charges were dropped (dismissed) altogether, and the third charge was reduced to disorderly conduct. The client received a withhold of adjudication (withhold of the conviction) and court costs on
a misdemeanor charge.