Assault and Battery Case in Miami Dismissed By Criminal Defense Attorney

Assault and Battery Case in Miami Dismissed By Criminal Defense Attorney

Quick Summary:

The defendant, an esteemed principal at a school in Miami-Dade County, got into a fight with her boyfriend after he accused her of cheating. After a physical altercation that resulted in multiple injuries for both parties, the complainant ultimately decided to drop the charges against the defendant.

Facts of the Case:

A 61-year-old principal who’s spent about 30 years in the Miami-Dade Public School System had previously been married for 27 years (he died from liver cancer) when she began dating her boyfriend. They had been dating for 7 months and maintained a romantic relationship when he started an argument with her. All weekend, he accused her of cheating on him and wouldn’t let it go. That Monday morning, still arguing that she was cheating, he choked her. After he attacked her, she bit him in self-defense, and then a whole physical altercation ensued.

The woman ended up with a broken lip and nose, as well as a black eye. Then, her boyfriend decides to leave the house they’re in and get in his car. The woman follows him outside, and as he’s driving away, he attempts to run her over with his car. At that point, she picks up a brick near the entrance of her house and throws it at his car, hitting the hood. She picks it up and throws it again, hitting the car’s windshield.

Her boyfriend eventually drives a bit down the road and then calls 911. When the police arrive, they speak to both parties, and ultimately identify the woman as the primary aggressor. She is arrested and charged with deadly missile/throw, which is a second-degree felony, and battery, which is a first-degree misdemeanor.

In addition, there was also a Miranda violation. The woman was naive and didn’t know there were police coming to arrest someone. She also left out crucial details, such as what she did in self-defense and the fact that her boyfriend tried to run her over, because she didn’t want him to get in trouble.

Finally, her boyfriend also filed a petition for injunction for Protection Against Dating Violence about a month after she was initially arrested.

Process and Result:

After she was charged and her bonds were posted, she was out on pretrial release with a stay away order. Lead attorney Susan Lawson helped her file a waiver of appearance and notice of appearance. 

However she did express concerns with regards to her reputation. Because the woman had been involved with the Miami-Dade County school system for so long, everyone knew her, and she was incredibly embarrassed with her situation. She had a lot of mitigation and several people willing to vouch for her.

Final Result:

Ultimately, the woman’s boyfriend spoke with the State Attorney’s office and told them that he would no longer be pursuing any charges. He also signed a waiver of prosecution indicating that he didn’t want to move forward with the case, meaning that the case no actioned and the charges against the woman were dismissed. 

In his waiver of prosecution, the woman’s boyfriend spoke a lot about her being a phenomenal principal, the countless students she’s helped over the years, and how her career shouldn’t be ruined as a result of a misunderstanding. 

Finally, after the case was closed, Attorney Susan Lawson helped her get her charges expunged.