South Florida Criminal Defense Attorney Eric M. Matheny, of The Law Offices of Eric M. Matheny, P.A., recently helped one client in a child molestation case and another client in an aggravated battery case avoid decades of possible prison time. The lawyer reached this accomplishment through his hard work and top-quality legal representation. Here are the details on the two cases:
Child Molestation Case
In this case, the client (who was in his 60s) was at risk of spending the rest of his life in prison due to allegations that he molested a preschool-age child. An independent witness was said to have observed the alleged offense. The investigation of Attorney Matheny's client led to the man being arrested and then charged with two counts of lewd or lascivious molestation, after which he was held without bond. The possible penalties the man was facing were very serious—upon a conviction, he was subject to a life sentence for each count (which carried a mandatory 25-year prison term). Furthermore, the prison term would be followed by lifetime probation that included GPS monitoring. With the client being an older individual, he would have had to spend the remainder of his life in prison under such a sentence.
With the threat of such serious consequences looming, Attorney Matheny did not delay in working to protect his client's future. He started negotiating with the prosecuting attorney before the charges were even filed. Within a period of 22 days, a resolution was reached. The client was able to plead to a lesser charge and receive probation time rather than the potential lifetime in prison. After entering into the agreement, the man was immediately released from jail. This was an extremely favorable outcome, considering the seriousness of the felony charges since the alleged victim was so young.
Aggravated Battery Case
This case involved a client who had been arrested after shooting a co-worker during a dispute. The individual was facing a possible charge of aggravated battery with a firearm. As a result of his charges, the client was facing a possible sentence of 30 years in prison. Because of Florida's 10-20-Life law, the defendant would have been subject to a mandatory minimum prison term of 20 years since the alleged offense involved the discharge of a firearm. Attorney Matheny immediately recognized that his client had a strong case for self-defense under the Florida Stand Your Ground law. He presented a defense witness list to the prosecutor who was responsible for the filing decision, which led to the prosecutor choosing to switch gears and instead file a misdemeanor culpable negligence charge.
Under the new charge, the client was instead facing a possible one-year jail sentence, which was still problematic for the client. Further action for the client's defense was required, especially considering the fact that a transfer of the case to misdemeanor prosecutors led to a second misdemeanor charge being added. The client was now facing a possible two-year jail sentence and was also at risk of having to potentially pay more than $17,000 to cover the alleged victim's medical bills. Attorney Matheny took an aggressive and persistent stand for the client's freedom. He prepared the case and demanded a speedy trial after several delays occurred. The defendant ended up reaching a favorable outcome just as the jury was lining up outside the courtroom—the prosecutors made an offer of pretrial diversion. This would allow Attorney Matheny's client to get the case dismissed in six months, but only upon completion of a weapons class. Furthermore, the client was not ordered to pay restitution.
Our law firm handles various types of criminal cases. If you are you are looking for an experienced criminal defense attorney who can provide you with effective legal representation in your case, contact us today!