Woman Spared A Felony Conviction For Battery Of Law EnforcementPublished: Nov 07, 2016 by Erika Valcarcel
Sometimes, when police respond to calls for assistance, emotions can run high on both sides and this hectic atmosphere can, unfortunately, result in law abiding citizens being charged with life-altering crimes. If you are ever caught up in such a regrettable situation in the Sarasota area, it is essential that you reach out to a veteran Sarasota criminal defense attorney, like Erika Valcarcel, who has extensive experience dealing with the various Florida court systems and can help you achieve the best possible outcome.
Not long ago, a self- employed woman from Sarasota called the police for a domestic incident, but the matter was resolved prior to the officers’ arrival. After explaining that their services were no longer necessary, the woman requested that they leave her property. Apparently, they did not disperse quickly enough and in frustration, the woman turned on her garden hose and proceeded to water her lawn, getting the officers wet. Believing her actions were aggressive in nature, the officers on the scene attempted to arrest the woman, which further aggravated her. When all was said and done, the woman’s inappropriate response led to being charged with a third-degree felony of battery on law enforcement as well as a resisting arrest with violence, which exposed her to the possibility of a five-year sentence in addition to a felony conviction appearing on her record. The woman was immediately remorseful for her actions and as a business owner, she knew that even if she avoided jail, a violent felony conviction would cause irreversible financial harm. Therefore, she decided to consult with a highly skilled Sarasota violent crimes lawyer to review her available options to deal with her battery and resisting arrest charges.
Attorney Erika Valcarcel met with her client to go over her case, and once retained, she reviewed all the available evidence to craft a strong defense. It was clear to attorney Valcarcel that there were obvious discrepancies between the officers’ statements regarding the incident and she ultimately used these conflicting reports as leverage in her negotiations. During her discussions with all those involved, she not only highlighted these inconsistencies but also appealed to the overall appropriateness of the charges against her client. This argument proved effective for her client and resulted in the dismissal of the more serious felony battery of law enforcement charge and the reduction of the resisting arrest with violence offense to a relatively minor offense of resisting arrest. While she would need to serve a term of probation and participate in a mental health evaluation, the client took great comfort in the fact that this result not only removed her fear of imprisonment but also her anxiety over a permanent felony conviction for a momentary lapse in judgment.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.