CHILD ABUSE recent court wins

RECENT COURT WINS

HANDLING AND FONDLING A CHILD UNDER THE AGE OF SIXTEEN

State v. R; Judge: R. Timothy Peters; Date: April 3, 2007

FACTS: The client was charged with Handling and Fondling a Female Child Under the Age of Sixteen (2nd degree felony).  The defendant had allegedly molested his children and grandchildren in 1992.  The victim of the offense had a falling out with our client shortly before he was arrested out of state and extradited to Florida.   The age of the charge made it problematic for the State Attorney to move forward on the Fondling charge. As a result, We made the State Attorney aware that we were filing a motion to dismiss the Fondling charge due to a violation of the Statute of Limitations.  In response,  the State claimed they would amend the charge to Sexual Battery (1st degree felony), in order to avoid the statute of limitations problem. 

DEFENSE:  The State could have moved forward on the Sexual Battery charge, but there were some serious issues as to the credibility of the victim.  These credibility problems led to negotiations with the State.

RESULT:  The client did no jail time.  He entered a plea to a probationery sentence on a much less serious charge, which carried no sex offender designation.   For more information about child abuse link to our blog at tampadefenseattorney.clarislaw.com

CHILD ABUSE

CASE#05-CF-021483; Judge Chet Tharpe; Date: July 26, 2006

FACTS:  The defendant was accused of chasing his 9 year old step-son and striking him with a set of keys in the head.  According to the State the laceration caused severe bleeding.  

DEFENSE: We contended that the blow to the boy was not intentional.  After discovery depositions and investigation it became clear that the mother of the children was not credible in that she made the allegation over a week after the incident, and only in an attempt to have the defendant removed from his own property.

RESULT:  The child abuse charge was dropped.