Stand Your Ground Appeal Wins – Case Dismissed

Case Dismissed- Battery on an Elderly Person

Our client was charged with Battery on an Elderly Person - a serious felony offense that often results in conviction and incarceration. The entire incident was captured on video. Our client, who was on a bicycle, was followed by a man in his motor vehicle. The driver was upset with our client because our client was reporting residents who drove recklessly through the community to the Homeowners Association and security team in the complex. While our client was on his bicycle, the motorist followed him aggressively. When our client stopped and walked behind the vehicle to record its license plate number, the driver exited his car shouting, "Do you want to eat that camera?!" and advanced toward our client until he was within about three feet. Fearing for his safety, our client deployed pepper spray to deter the aggressor. Despite the clear video evidence, a careless review by law enforcement led to our client's arrest - not the aggressor's. We immediately filed a Stand Your Ground Motion to Dismiss the case in trial court, meticulously presenting the evidence and preserving the record with perfection, just in case the trial judge didn't see it our way. Although the trial court initially denied our motion, we took the case to the Fourth District Court of Appeal, and won! Case Dismissed.