Full Acquittal
Three-Count Case — Full Acquittal
Reckless Injury, Battery, Disorderly ConductMilwaukee County
ResultAttorney Nicole Muller secured another full acquittal in a three-count case where her client faced charges of Reckless Injury, Battery, and Disorderly Conduct.
Not Guilty Verdict
Felon in Possession of a Firearm — Not Guilty
Reckless Endangerment & Felon in PossessionMilwaukee
ResultDefendant found not guilty by a jury after the State's witness was systematically undermined on cross-examination.
Not Guilty Verdict
Battery to a Police Officer — Not Guilty
Battery to a Police OfficerMilwaukee
ResultDefendant found not guilty at jury trial when the jury believed two officers were not telling the truth.
Not Guilty Verdict
Reckless Endangerment — Not Guilty
Reckless Endangerment of SafetyMilwaukee
ResultClient found not guilty at jury trial after, under intense cross-examination, the jury found all three of the State's eyewitnesses incredible.
Not Guilty Verdict
Substantial Battery — Not Guilty
Substantial BatteryMilwaukee
ResultDefendant found not guilty at jury trial after the defense caught the alleged victim changing his story on the witness stand.
Case Dismissed
Obstructing an Officer — Dismissed
Obstructing an OfficerKewaunee
ResultCase dismissed after defense counsel produced an affidavit from a State's witness corroborating the defendant's account of what he told police.
Case Dismissed
Disorderly Conduct — Dismissed After Winning Intoxication Motion
Disorderly ConductMilwaukee
ResultProsecution dismissed the case after the defense won a motion allowing an involuntary intoxication defense to be argued to the jury.
Case Dismissed
Substantial Battery — Dismissed
Substantial BatteryMilwaukee
ResultCase dismissed on the prosecutor's motion after the defense demanded production of the witnesses and evidence.
Case Dismissed
Battery by Prisoner — Dismissed
Battery by PrisonerRacine County
Facts: The defense proved the fight was a consensual exercise, not battery.
ResultDismissed.
Case Dismissed
Resisting & Obstructing an Officer — Dismissed
Resisting & Obstructing an OfficerRacine County
ResultDismissed.
Case Dismissed
Shooting a Gun at a House — Dismissed
Gun CrimeMilwaukee County
Facts: The client was accused of shooting a gun into his ex-girlfriend's house while children were present, and the State presented an eyewitness who testified the client was the shooter. Extensive investigation revealed the witness lied and that someone unrelated to either of them was responsible. The State still would not dismiss.
ResultDismissed.
No Charges Filed
Multiple Domestic Violence Allegations — No Charges, No Immigration Consequences
Domestic Violence / Domestic AbuseMilwaukee County
Facts: Multiple counts of domestic violence and domestic abuse were alleged following a fight with the client's wife. The client was not a U.S. citizen and faced both prison and deportation.
ResultFollowing extensive negotiations with the DA, no charges were filed and there were no immigration consequences.
Name Cleared
Student Arrested at a Protest — Name Removed from CCAP
Arrested with a Group of ProtestorsMilwaukee
Facts: A university student was arrested along with a large group of protestors.
ResultThe defense demonstrated that he was just a spectator, and the client's name was removed from CCAP.
Charge Reduced · Expunged
Battery to a Police Officer — Reduced to a Misdemeanor
Battery to a Police OfficerMilwaukee
ResultNegotiated an amendment down to a misdemeanor, with expungement at the completion of his sentence.
Plea Withdrawn · Reduced
Abuse of a Vulnerable Adult — Plea Withdrawn, Reduced to Misdemeanors
Intentional Abuse of Vulnerable AdultWashington County
Facts: The client was the caregiver for his elderly uncle and was accused by hospice workers of failing to properly care for him and allowing him to live in filthy conditions. On the advice of previous counsel, he had pled guilty, then retained our firm on a motion to withdraw the plea. We won the motion, set the case for trial, and the charges were amended to misdemeanors over the State's strenuous objections.
ResultPlea to misdemeanors, 18 months probation.
Felony Avoided
Short-Barreled Shotgun — Deferred Prosecution
Possession of a Short-Barreled ShotgunManitowoc
ResultNegotiated a deferred prosecution agreement, avoiding a felony conviction and prison exposure.
Charges Reduced · No Felony
Youth Football Coach — Misdemeanors Only After Pre-Charging Negotiation
Battery, Disorderly ConductMilwaukee County
Facts: The client coached many youth sports teams in a small community. While he was coaching his son's football team, another player made an illegal block that seriously injured his son. The client pushed the other boy out of the way to reach his son, and several witnesses alleged he picked the boy up, spun him around, and "body slammed" him. The allegations drew heavy media coverage and calls for prison. A dual court-and-media strategy was used while the State asked for jail and a felony; pre-charging negotiations resulted in only misdemeanor charges.
Result18 months probation and community service.
Charges Reduced
Accidental Shooting of a Neighbor — Reduced to Misdemeanor Battery
Injury by Negligent Use of Weapon, Battery, Disorderly ConductRacine
Facts: The client held an underage drinking party and invited a neighbor. They argued while the client was showing off his gun-handling skills, and while they wrestled for the gun, it discharged, striking the neighbor in the stomach.
ResultAmended to misdemeanor battery, 2 years probation.
Charges Reduced · No Jail
Felony Battery to an Officer — Reduced to Misdemeanor Battery
Felony Battery to a Law Enforcement OfficerMilwaukee
Facts: Charged with Felony Battery to a Law Enforcement Officer, Disorderly Conduct while Armed, and a Dangerous Weapons charge. The client was arrested at her home after officers received a complaint that she was causing a disturbance. When officers tried to take her into custody she resisted vigorously, punching and kicking an officer in the groin.
ResultAmended to misdemeanor battery; the Armed portion and the dangerous weapons charge dismissed. 3 years probation, no jail, community service.
Reduced to a Fine
Waving a Fake Gun on the Freeway — Amended to a County Ordinance
Criminal Disorderly ConductRacine County
Facts: One count of criminal disorderly conduct for waving a fake gun at another driver on the freeway. The client thought he was pointing it at his friend, but it was actually an off-duty undercover officer.
ResultAmended to a county ordinance, $100 fine.
Prior results do not guarantee or predict a similar outcome in any future case. Every case is unique and is evaluated on its own facts. The above are illustrative outcomes handled by Birdsall Muller LLC.