Felony Firearm Charge Dismissed & Risk Protection Order Denied

What began as a peaceful retirement in Indian River Estates nearly turned into a life-altering nightmare - until our office stepped in. Our client, a retired homeowner who custom built her home in the 1970s and spent decades working at the local power plant, lived quietly with her husband and their German Shorthaired Pointer, Izzy. That quiet life was shattered when a neighboring Pitbull  repeatedly escaped confinement and aggressively charged toward her and her dog. On one frightening occasion, she was forced to fight the animal off with an umbrella. Fearing for her safety, and acting entirely within the law, our client - a licensed concealed carry holder - began carrying a small firearm in a waist pack while walking her dog. The situation escalated dramatically when a fence contractor hired by the neighbor began installing a fence. After several cordial interactions, a casual conversation revealed the prior dog attack and our client's lawful decision to carry a firearm for self-defense. That disclosure would soon be weaponized. The very next day, our client noticed fence posts being installed on her property. When she produced her original survey, the contractor refused to review it, became hostile, and the dispute quickly turned heated. What should have been a routine property-line discussion instead spiraled into a devastating accusation: the contractor falsely claimed our client "brandished" a firearm - a .380 that remained secured in a waist pack. Despite her unwavering denial and her husband's eyewitness account, law enforcement arrested our client for Aggravated Assault with a Deadly Weapon - a serious felony that carried the potential to destroy her reputation, her freedom, and her right to possess firearms. Even more alarming, law enforcement filed a Petition for a Risk Protection Order, alleging she was dangerous and unfit to own a firearm. That is when we went to work. At the Risk Protection Order evidentiary hearing, our office methodically dismantled the case. Under cross-examination, the contractor's story collapsed. He contradicted himself repeatedly, embellished facts, and ultimately told demonstrably false "tall tales," including a new accusation that our client's husband emerged from the house with a shotgun - a claim unsupported by any evidence and never previously reported. The Court saw through the deception. In a decisive ruling, the Court denied the Risk Protection Order, expressly finding that our client posed no significant danger to herself or others and rejecting law enforcement's attempt to strip her of her constitutional rights. With that victory secured, we turned to the criminal case. By exposing the accuser's lack of credibility and the shifting nature of his allegations, we persuaded the State Attorney's Office to dismiss the felony charge in its entirety. The result:

• Risk Protection Order denial
• Felony firearm charge dismissed 
• Criminal record fully expunged 

Today, our client is exactly where she should be - enjoying her retirement with her husband and Izzy, free from the fear of false accusations. A new fencing contractor ultimately confirmed what she had said from the beginning: the original fence posts were, in fact, installed on her property.