All Charges Dropped for Young Fort Lauderdale Resident in Aggravated Assault and Battery Case

Summary: 

Two young brothers were in their Ft. Lauderdale home when one of the brothers, our client, asked his brother to turn the television volume down. This led to a verbal altercation between the two, and the client’s brother escalated the situation physically by pushing our client. The client, acting in self-defense, grabbed a kitchen knife. The mother called the police, leading the client to be arrested and charged with aggravated assault with a deadly weapon and battery. After meeting with the parties involved and quickly resolving the matter, the case was dismissed pre-filing.

Facts of the Case:

The client was a 29-year-old man living in Ft. Lauderdale, FL with his family. After arguing with his brother at home, the situation escalated by his brother physically pushing him. In an effort to defend himself, the client grabbed a kitchen knife. The client never attacked or even touched the brother with the knife. However, the mother called the authorities, and they declared our client the primary aggressor. The client was arrested and charged with aggravated assault with a deadly weapon and battery as a result.

Process and Result:

Scott Simmons was the lead attorney on this case. He held a strategy session with the client to discuss how to proceed. Through various discussions and meetings with the parties involved, it was revealed that the “victim” (ie. the client’s brother) did not wish to press charges. Unfortunately, the court had ordered no contact with the client’s brother as a condition of his pretrial release. However, the client’s brother wished to have contact with him. Therefore, Scott and the Rossen Law Firm team worked to file a motion to vacate no contact order. The motion was granted. After obtaining a waiver of prosecution from the client’s brother, Scott was able to get the case dropped before any formal charges were filed.

Final Result:

Ultimately, the case was dismissed pre-filing and no criminal charges resulted for the client.