Prosecutors in Dane County charged our client with a felony count of causing soft-tissue injury to a law enforcement officer in relation to the client's arrest following a disturbance at a local casino. At the preliminary hearing, the District Attorney argued the mere fact that one of the officers sought medical attention for a knee injury after the incident was sufficient to establish probable cause. During the hearing, Attorney Tim Verhoff was able to get the judge to order the prosecutor to allow him to review the officer's medical records. Those records revealed the officer suffered a slight scrape to the knee. But the records showed no internal injuries or injuries to the skin that would require stitches, staples, or tissue adhesive. Our attorney argued that the injury the officer suffered did not meet the legal standard of the soft-tissue injury contemplated under the law. The judge agreed, dismissing the felony count against our client.
Dane County Assault Charge to be Dismissed
Our client received a summons from the Sheriff’s Department informing him that he needed to come to court because the District Attorney decided to charge him with a felony battery after a road rage incident. The client did not wait until going to court to hire an attorney. He immediately contacted our office. Although the prosecution originally decided to charge our client with a felony, the criminal complaint had not been formally filed. Our lawyers contacted the District Attorney’s Office and spoke with the prosecution to provide our client’s version of the event. After talking with our lawyers, the prosecutor agreed not to charge the client with a felony assault. Instead, the District Attorney agreed to file a misdemeanor charge and recommend deferred prosecution, meaning all charges will be dismissed after our client completes the program.
Felony Assault Trial-Not Guilty
JURY FINDS CLIENT NOT GUILTY OF FELONY ASSAULT
A Vernon County jury returned a not guilty verdict for a Chirafisi & Verhoff client after a multiple-day trial on a felony assault charge. Our client originally faced a charge of Aggravated Battery for punching another individual and leaving him with a fractured skull and brain injuries. He was facing significant prison time. At trial, our lawyers called witnesses who testified that the injured party was actually the person who provoked the fight. Our lawyers argued that our client’s actions were lawful because he had the right to engage in self-defense and the defense of another person present. The jury agreed, finding our client not guilty.