Misdemeanor Battery-Not Guilty at Trial

Our client, a registered nurse, was charged with misdemeanor battery. She was accused of battering her ex-boyfriend’s sister who was the complaining witness in this matter. Specifically, the complaining witness accused our client of grabbing her arm and attempting to hit her in the face. The complaining witness even produced alleged pictures of her “injuries.” To make matters worse for our client, a conviction on these charges had the potential to negatively impact a child custody battle of her 3 year old son that the client was enduring with her ex-boyfriend. Additionally, a conviction for these charges also had the potential of adversely affecting her nursing license. Realizing the stakes were high, the client hired Wigell Criminal Defense to take her case.

After entering the case, Attorney DiQuattro obtained the discovery which included the alleged pictures of the complaining witness’s alleged injuries. After a comprehensive and detailed review of the discovery, Attorney DiQuattro discovered multiple flaws and weaknesses of the State’s case. After several meetings with the client, it was determined that the case needed to be taken to trial. This decision was not only based on the flaws and weaknesses of the state’s case, but also the potential ramifications a conviction or plea of guilty would have had on her custody battle and nursing license.

At trial, effective cross-examination of the complaining witness revealed there were no witnesses to the alleged altercation. Further cross-examination revealed that the complaining witness had an obvious bias against the client and doubt was cast as to the sufficiency and authenticity of the photographs depicting her alleged injuries. Additionally, the client testified in her own defense stating that the alleged altercation never occurred.

After taking all of the evidence and arguments into consideration, the court found the client’s testimony credible and that the evidence provided by the State did not raise to the level of beyond a reasonable doubt. Thus, our client was found NOT GUILTY of all charges.

The client was overjoyed with the excellent result obtained by Attorney DiQuattro of Wigell Criminal Defense. She was also relieved as the acquittal placed her in a stronger position in the custody battle and that her nursing license would not be compromised. Now the client is able to move forward with her life without the fear of the negative impact the charges could have had on important aspects of her life.

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10.0Raymond G. Wigell
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