Felony Battery Dismissed Prior to Trial

This case stems from a bar fight in Vilas County. The client was charged with felony battery for striking a kicking another person at a wedding. The injuries were substantial, including approximately $60,000.00 in restitution for hospital bills and time off of work. The complaining witness suffered multiple fractures and was on a breathing tube for some period of time.

Defense to the charge was self-defense. We knew it was going well after the preliminary hearing when the judge stated, "this appears to be a perfect self-defense case". However, based on the amount of restitution, the prosecutor refused to negotiate the case.

As the case moved closer to trial and witnesses were interviewed, we filed an "other acts motion" to introduce evidence against the complaining witness and his wife. Once the court granted that motion, it was over from there.

Client, who is a great guy with a family and good job avoided a trial, where anything can happen and still had his case dismissed.

Felony Domestic Battery Dismissed

Our client was arrested and charged in Dane County Circuit Court with a felony, substantial battery and misdemeanor disorderly conduct after an altercation with his estranged wife. Attorney Tim Verhoff reviewed the facts and was confident the prosecution could not prove the felony charge. At the preliminary hearing, Attorney Verhoff challenged the felony, arguing that the evidence did not support it. The felony battery charge was reduced to a misdemeanor. The prosecutor later proposed a plea agreement, but demanded the defendant to plead to the battery. Our attorney advised the client to reject the offer, as he did not believe the prosecution could prove a misdemeanor battery charge under the facts alleged. At the final hearing before trial, the prosecution folded. The District Attorney's Offered an agreement to dismiss the battery if the client would agree to plead to the disorderly conduct. Under the terms of the agreement, the judge did not convict the client of the misdemeanor. Instead, the disorderly conduct charge also will be dismissed upon the client's completion of a deferred prosecution program.

DOMESTIC BATTERY, CRIMINAL DAMAGE AND DC WHILE ARMED DISMISSED

In this Dane County case, the client's mother contacted our office after she learned criminal charges had been filed against her adult son. In speaking with the mother, our attorney learned her son had significant cognitive issues. The charges, which stemmed from an incident between the client and his mother, were considered domestic in nature. Based on the information our attorney received, it appeared the client likely was not competent to stand trial, or if competent, he was likely not guilty by reason of mental disease or defect (NGI), as the behavior was directly related to his cognitive issues. Prior to the initial appearance in the case, Attorney Verhoff met with supervisors at the Dane County District Attorney's Office. He provided documentation to the prosecution about the client, as well as additional background regarding the incident. After considering the information our attorney provided, prosecutors agreed to dismiss all charges against the client at the initial hearing. This case is another good example in which the prosecution doesn't always have all the necessary information when making a charging decision. Hiring an attorney early in the process can be instrumental in the ultimate outcome and spare folks months of anxiety associated with being the subject of a criminal prosecution or the family member of a person being prosecuted.

FELONY BATTERY CHARGE DISMISSED AT FIRST COURT HEARING

Our client was arrested after he was involved in what could be described as a road-rage incident. He was taken to jail, and prosecutors filed against him a felony charge of substantial battery. His family did not know where to turn and asked a local lawyer to suggest a criminal defense attorney. He recommended Attorney Tim Verhoff. Our attorney attended the initial appearance in the case. He reviewed the formal charging document, called a criminal complaint, and recognized it failed to set forth the proper elements to support the allegations against the client. Attorney Verhoff made an oral motion to dismiss the felony assault charge. After hearing argument from both Attorney Verhoff and the assistant district attorney, the judge agreed with our lawyer. He dismissed the felony charge, and the client was released from custody.

3 more outstanding results- Felony dismissed at preliminary hearing

The first case is out of Dane County: a felony battery. The client was charged with striking a person on a downtown Madison street.  That person fell down, struck their head and lost consciousness. The Dane County DA's office has a policy of not attempting to resolve cases before preliminary hearings.  We here at Chirafisi & Verhoff have a policy of not waiving preliminary hearings for no reason.

At the preliminary hearing, the officer testified to our client's version as to what had occurred.  The prosecutor never asked the officer about any other version of what had happened. The Court, armed with only the version set forth by our client, found that the state had not established probable cause and the felony was dismissed.  

More soon regarding out two other recent outstanding case results...

Substantial Battery- Acquittal at trial

Our client was charged in Jefferson County with Substantial Battery for a fight that ended with the complaining witness suffering a skull fracture. Our defense at trial was self-defense. With the help of investigators, we had an opportunity to interview all witnesses who really assisted in setting up the defense. When all was said and done, the jury was out 40 minutes before returning a not guilty verdict.

Domestic Assault Dismissed Before Trial

The Madison Police Department arrested our client after a disturbance with her estranged husband. Upon review of the case, the Dane County District Attorney's Office charged our client with domestic battery. The client hired our firm and met with Attorney Verhoff. She described her marital life to him. As a former prosecutor who supervised the domestic violence unit, Attorney Verhoff recognized the client was actually a long-time victim of abuse in the relationship. He contacted local law enforcement and learned the complaining witness had been a suspect in several prior domestic cases against our client. He obtained the reports regarding those cases, and he also obtained a copy of an injunction the client previously filed against her husband. Armed with this information, Attorney Verhoff approached the prosecutor assigned to the case. He informed the prosecutor that if the case went to trial, he planned to put the "victim husband" on trial. Attorney Verhoff suggested the appropriate course of action consistent with the interest of justice was to dismiss the case against our client. Several hours after presenting his argument to the prosecution, the assistant district attorney assigned to the case contacted Attorney Verhoff and informed him the case was being dismissed.

Battery and Disorderly Conduct Charges Declined

The Dane County District Attorney’s Office agreed not to file any charges against a Chirafisi & Verhoff client who was recently arrested by the Dane County Sheriff’s Office.  The client, who was visiting Madison from Illinois, attended a party at a relative’s home.  After the party ended, a person not affiliated with the party entered the home without permission.  Our client asked her to leave.  The person refused and things turned physical as our client escorted the interloper out of the house.  Our client then went to bed thinking the incident was finished.  But she was wrong.  The interloper, who was intoxicated, called law enforcement and reported that she had been assaulted.  The Sheriff’s Department arrived and took her statement but did not question our client who had gone to bed.  The Sheriff’s Department returned the next morning, took a statement from our client, and then arrested the her.  She then hired the lawyers at Chirafisi & Verhoff.  Our lawyers met with prosecutors from the District Attorney’s Office.  We provided prosecutors with information about our client, who is a professional with no prior criminal history.  Our lawyers provided our client’s version of the events, the criminal history of the reporting parties, as well as information from witnesses our client would call if the case was charged.  After discussing the matter, the prosecutor agreed that no charges would be filed.       

Felony Charge Thrown Out

Our client was convicted of a felony battery in Dane County nearly 15 years ago.  He contacted Chirafisi & Verhoff because the conviction was interfering with job opportunities.  Attorney Verhoff reviewed the information from our client’s conviction and realized that the plea agreement and sentence originally imposed was unlawful.  Attorney Verhoff challenged the conviction, and the prosecution conceded error.  The client’s felony conviction was vacated.

Battery and Drug Charges to be Dismissed

Our client, a student at UW-Madison, was arrested after a night of drinking in which he got into a fight outside of a bar.  Madison police took our client into custody because the person with whom he fought ended up with a broken nose (a potential felony charge).  While processing him at the jail, authorities discovered a small amount of cocaine in our client’s pocket.  Our lawyers spoke with prosecutors before formal charges were filed, and they agreed not to charge a felony assault.  Instead, our client was charged with misdemeanor battery and possession of cocaine.  Our lawyers then worked out an agreement in which our client will participate in a deferred prosecution program.  Once he completes the program, the case will be dismissed.