This matter is another example why it is better to hire an attorney before you are charged with a crime than wait until after charges are filed. The client, retired from the military and licensed to carry a concealed weapon, was out walking on a nature trail with his wife, who suffers from a variety of medical ailments. They came upon individuals who were walking unleashed dogs. The dogs rushed toward the client and his wife, not responding to the owners. Frightened for his safety and the welfare of his wife, the client yelled at the dogs to stop. But it was to no avail. He then removed his firearm from his holster in the event he would need to use it and pointed it at the ground. Fortunately, the owners were able to get the dogs under control before anything happened. Upon seeing a firearm, however, the dog owners notified law enforcement. Two deputy sheriffs contacted the client and took a statement from him, indicating they were going to refer the case to the District Attorney's Office for criminal prosecution. The client immediately contacted our office. Attorney Tim Verhoff was able to obtain a significant amount of information from the client regarding his background and the circumstances with the dogs. This was information that was not included in the police reports. Our attorney then contacted the District Attorney's Office to present the additional information to the prosecution and to present arguments as to why, if anything, the client was engaged in self-defense and the defense of others. Our lawyer argued that no criminal charges were necessary. After reviewing the information from our attorney, as well as the police reports, the prosecutor agreed and declined filing charges. He also thanked our attorney "for reaching out to our office preemptively on this matter." Needless to say, the client was relieved.
Felony Domestic Dismissed in Marathon County
Many people can picture this situation. Our client and his wife were stayed at a hotel in Wausau for a youth sporting event. After the games that day, many of the parents spent the night consuming alcohol. It was during this time our client and his wife got into a verbal argument. As she approached him, he grabbed her by the arms and held her down on the bed to prevent her from hitting him. Another parent heard the fight and called police.
Our client was arrested and prosecutors charged him with a felony for false imprisonment, as well as a misdemeanor disorderly conduct. The client hired Attorney Verhoff upon the advice of a local prosecutor. Attorney Verhoff engaged with the assistant district attorney in Marathon County and explained that he believed he could defend the case arguing self-defense. He also provided significant background to the prosecutor about the client. Prior to trial, the district attorney agreed. He extended an offer too good to refuse. He agreed to dismiss the felony and have the client participate in a deferred prosecution agreement on misdemeanor disorderly conduct. Provided our client stays out of trouble for the next year, the remaining charge will be reduced to a non-criminal ordinance violation, the legal equivalent of a parking ticket, and pay a $5.00 forfeiture. As an avid hunter, our client was thrilled to avoid a felony conviction or conviction for a domestic criminal offense, which would have resulted in the loss of his firearm rights.
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 Battery and Disorderly Conduct Declined
A recent case is yet another example of why you should not wait until you are charged with a criminal offense to call our office. In this case, police in Dane County arrested our client for domestic battery and disorderly conduct after a physical argument with his adult daughter. The client contacted our office several days before his first court hearing. He provided Attorney Verhoff with significant details about what transpired, the history of problems with his daughter, and other details about himself and his family. Attorney Verhoff then met with the assistant district attorney who was tasked with making a charging decision. Fortunately, he was able to meet with her before a decision had been made. He provided the prosecutor with background detail and indicated, based on his knowledge of the case, a self-defense claim could be mounted on behalf of our client. After meeting with our lawyer, the prosecutor reviewed the case. She decided not to file any charges in the matter and contacted our lawyer to let him know. She even thanked him for providing her with important background information, not contained in the reports, that played part of her decision to decline the charges.
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.