We are happy to report that our client walked out of the Melvindale, 24th District Court this morning a free man.
Assault at the Hops and Barley in Melvindale
On March 17, 2012, at around 9 AM, Our client was with his friend at the Hops and Barley Bar in Melvindale celebrating St. Patrick’s Day.
While at the bar the friend ran into his ex-wife and they began to argue. Our client was present but was trying to stay out of the argument. While the argument was going on another patron tried to force his way into the argument antagonizing the couple, the complainant. Our client indicated to the complainant that the couple was working out issues and that he should stay out of it. The complainant responded in a hostile manner and also stated that he was a member of the Ultimate Fighter, a violent marital arts competition.
Our client and the couple walked away from the situation and went outside to the smoking area. The complainant followed our client and the couple outside to the smoking area. The complainant did not have a cigarette, he did not have any friends to speak with, the complainant had no reason to be outside other than to harass the true victims in this case, our client and his friends. The complainant, for a second time, directed comments about fighting to our client once again, and once again our client blew the complainant off. The complainant walked back into the bar.
Moments later, the complainant walked out of the bar with several male friends. The complainant looked directly at our client and darted toward him with his hands out grasping at our client’s throat. When the complainant grabbed our client and began to force him to the ground our client did what any person would do, he defended himself against his attacker and a fight ensued.
Both parties fell to the ground and when they scrabbled to their feet a bar employee separated them. Our client’s day was ruined and he began to walk home. While he was headed home the police arrived and our client turned around to tell them his side of the story. Ultimately, our client was arrested and charged with Assault and Battery.
Assault and Battery Lawyer, Aaron J. Boria
Our client was smart and choose to have Aaron J. Boria, PLLC represent him on the matter. We attended multiple pre-trials, numerous discussions with the prosecuting attorney, interviewed witnesses, etc. At one point we even had some great offers to settle but out client asserted his innocence so we demanded a trial.
Assault and Battery Case Dismissed
We were ready and waiting in the courtroom, the jury about to be selected. The prosecution asked for an adjournment because one of his witnesses had not yet show up. The prosecutor argued that he had shown at the previous pre-trials and the case should be adjourned. We made a motion to dismiss based on a 4th amendment violation of the constitution. The judge sided with us and the case was dismissed.
If you have been charged with a crime contact Aaron J. Boria, PLLC, today (734) 453-7806.