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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
We were able to get the case dismissed as James was not the initial aggressor during the incident.
At the time, James was on probation for a felony, and did not want this violation to send him to prison. James also did not want to be labeled a “wife beater” as the situation was misunderstood by the police.
James C. and his wife were at their home in Margate when they got in an argument over text messages between James and his old friend. His wife started yelling at him and they began fighting over the phone, resulting in Jame’s wife scratching him. In the heat of the moment, he reacted by fighting back and pushing her to the ground. When the cops arrived and James was arrested, the officer flirted with his wife and tried putting pressure on her for a statement against James. Despite being egged on by the situation, James was charged with domestic violence battery.
We aggressively pushed the case forward, as James acted in response to a taunt by his wife. After James was arrested his wife realized that they were both equally at fault, and that the fight escalated too quickly for either to agree that they were wrong. We used this to our advantage as James’ wife did not want James to go to jail, but rather to return home to her and their two kids.
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Rossen Law Firm
