VIOLENT ASSAULT CASES

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Not Guilty Verdict in Aggravated Assault Trial

Our client was accused of a violent assault of a woman, which allegedly resulted in her arm and hand being broken in 13 different places. The Obear team went to work to investigate the background and history of the complaining witness, and also interviewed all of the tenants in the apartment building where the assault was said to have happened. Kirk uncovered evidence that the witness had not sought medical attention for several days after the incident and was arrested for public intoxication and possession of narcotics in between the time that she said the assault occurred and when she reported it. Numerous witnesses from the apartment building were called to the stand by the defense, all of whom indicated that they heard nothing unusual during the night in question. When it became apparent to the prosecutor that his case was going downhill, he offered to amend the felony down to several misdemeanors. Kirk rejected that offer. Later in the trial, the prosecutor even offered to amend the case down to an ordinance violation with only a fine. Kirk rejected that offer as well. The jury deliberated for 4 hours and came back with Not Guilty verdicts on all counts. Our client was originally facing over 80 years in prison if convicted. He walked out of the courtroom a free man with no conviction whatsoever.

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Charge: Battery to a police officer

Venue: Milwaukee

Result: Negotiated an amendment down to a misdemeanor and expungement at the completion of his sentence.

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Charge: University student was arrested with a large group of protestors

Venue: Milwaukee

Result: We were able to demonstrate that he was just a spectator and the clients name was removed from CCAP.

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Charge: Intentional Abuse of Vulnerable Adults/Bodily Harm. Client was caregiver for elderly uncle. Accused by Hospice workers of failing to properly care for him and allowing him to exist in filthy conditions. With prior counsel, the client plead guilty to the charge on advice of previous counsel, then retained us on the motion to withdraw plea. We won the motion to withdraw plea, and set the case for trial. The charges were amended to misdemeanors after strenuous objections by the state.

Venue: Washington County

Result: Plea to misdemeanors, 18 months probation.

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Charge: Possession of a short barreled shotgun

Venue: Manitowoc

Result: Negotiated a deferred prosecution agreement for client avoiding felony conviction and prison exposure

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Charge: Obstructing an Officer

Venue: Kewaunee

Result: Case dismissed after defense counsel produced affidavit from a state’s witness corroborating the defendant’s story that he told the police making the police the liars

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Charge: Disorderly Conduct

Venue: Milwaukee

Result: Prosecution dismisses case after the defense files a winning motion allowing involuntary intoxication defense to be argued to the jury

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Charge: Hit and Run

Venue: Sheboygan

Result: Defendant found not guilty at jury trial after the defense shows the jury that the state has offered no evidence in regards to multiple elements of the offense.

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Charge: Battery, Disorderly Conduct. Client was coach of many youth sports teams in small community. Was coaching his son’s football team when another player performed an illegal block on client’s son causing serious injury. Client pushed other boy out of the way to get to his son. It was alleged by several witnesses that client picked the boy up, spun him around and “body slammed” him to the ground. These allegations received heavy media coverage prompting calls for prison. A duel court, media strategy was employed as the state was asking for jail and a felony. Precharging negotiations resulted in issuance of only misdemeanor charges.

Venue: Milwaukee County

Result: 18 months probation, community service

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Charge: Substantial Battery

Venue: Milwaukee

Result: Case dismissed on prosecutor’s motion after the defense demanded the production of the witnesses and evidence.

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Charge: Injury by Negligent Use/Weapon/Explosive, Battery, Disorderly Conduct, resulting from the client having shot a neighbor. Client held an underage drinking party and invited neighbor. They got into argument as client was showing off his gun handling skills. While wrestling for the gun, it discharged striking neighbor in the stomach.

Venue: Racine

Result: Amendment to Misdemeanor battery, 2 years probation

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Charge: Reckless Endangerment of Safety and Felon in Possession of a Firearm

Venue: Milwaukee

Result: Defendant found not guilty by jury after the state’s witness is systematically undermined during cross-examination.

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Charge: Battery to a Police Officer

Venue: Milwaukee

Result: Defendant found not guilty at jury trial when jury believes two officers are not telling the truth

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Charge: Reckless Endangerment of Safety

Venue: Milwaukee

Result: Client found not guilty at jury trial after under intense cross-examination, the jury finds all three state’s eye witnesses incredible

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Charge: Substantial Battery

Venue: Milwaukee

Result: Defendant found not guilty at jury trial after defense catches the alleged victim changing his story on the witness stand during trial.

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Charge: Felony Battery to a Law Enforcement Officer, Disorderly Conduct while Armed, Dangerous Weapons charge. Client was arrested at her home after officers received a complaint that she was causing a disturbance. When trying to take her into custody, she resisted vigorously and punched and kicked the officer in the groin.

Venue: Milwaukee

Result: Amendment to misdemeanor battery, dismissal of Armed portion of the charge, dangerous weapons charge dismissed, 3 years probation, no jail, community service.

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Charge: 1 Count of criminal Disorderly Conduct based on waving a fake gun at another driver while on the freeway. Client thought he was pointing it at his friend, but it was actually an off-duty undercover officer.

Venue: Racine County

Result: Amended to county ordinance, $100.00 fine.

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Charge: 1 count Battery by Prisoner. Defense was able to prove that the fight was a consensual exercise, not battery.

Venue: Racine County

Result: Dismissed

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Charge: 1 count Resisting and Obstructing an Officer.

Venue: Racine County

Result: Dismissed

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Charge: 1 count disorderly conduct – domestic violence. Self-defense: client accused of pushing and punching sister with estranged mother as state’s witness. Investigation showed inconsistencies in witness’ statements critically weakening the state’s case.Investigation produced witness who supported self-defense.

Venue: City of Sturgeon Bay, WI

Result: Dismissed

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Charge: Multiple counts of Domestic Violence and Domestic Abuse were alleged, following a fight with his wife. Client was not a U.S. citizen and faced both prison and deportation.

Venue: Milwaukee County

Result: Following extensive negotiations with the DA, no charges were filed and no immigration consequences.

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Charge: 1 count Battery Domestic Violence, 1 count Disorderly Conduct Domestic Violence, and 1 count Theft of Movable Property in the Domestic Violence context. Client was Hmong and allegations were made by angry family members in an attempt to leverage their position in a family dispute.

Venue: Sheboygan County

Result: Dismissed

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Charge: 2 Counts Felony Failure to Support Child (120+ days). Client’s girlfriend pressed charges to gain leverage in their custody dispute.

Venue: Sheboygan County

Result: All charges dismissed.

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Charge: Client accused of shooting a gun into ex-girl friend’s house. Children were present during the incident and the state presented an eyewitness that testified client was shooter. Extensive investigation revealed that the witness lied and that someone completely unrelated to either one of them was responsible. However, the state would not dismiss.

Venue: Milwaukee County

Result: Dismissed