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Aggravated Battery
Client was charged with aggravated battery with a firearm for shooting a fellow employee at work. He faced 30 years in prison with a mandatory 20-year sentence. Attorney Eric Matheny got involved right away and provided witness accounts and evidence supporting the fact that the shooting was in self-defense. After delaying the filing of formal charges for over 100 days, the state filed a misdemeanor charge. When the case got to County Court on the misdemeanor, the Client was still facing a year in jail. To make matters worse, the misdemeanor prosecutors added a second charge. Now the Client was facing 2 years in jail. Attorney Eric Matheny litigated the matter extensively, pushing for a trial.
On the day of trial as the jury was lining up outside the courtroom door, the state offered the Client Pretrial Diversion. This resolution will result in the dismissal of the charges upon the Client's completion of a weapons class.
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Battery Charge
Client was charged with beating a woman in a public parking lot. There were two eyewitnesses to this incident. Client was charged with battery and faced a year in jail. Client owned a successful business and stood to lose his reputation and livelihood, in addition to his freedom.
Attorney Eric Matheny demonstrated to the prosecutor that the alleged victim had been dishonest with the police. He also showed that the two eyewitnesses did not see what they had originally believed they had. Prosecutor believed this account of the incident and dismissed the case. Client's record was expunged afterwards.
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Battery Charge
Client was caught on tape in a physical altercation with another man. Client was charged with battery and faced a year in jail. Attorney Eric Matheny immediately set a meeting with the prosecutor to review the surveillance tape frame by frame. Attorney Eric Matheny was able to convince the prosecutor that Client was not the aggressor but was defending his physically disabled wife from a much larger, more aggressive opponent.
State dismissed charges on the morning of trial. The alleged victim was in court and strongly voiced his objection to this dismissal.
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Battery on a Law Enforcement Officer
Client was charged with battery on a law enforcement officer, resisting an officer with violence, disorderly intoxication, and DUI. It was the Client's second DUI. There were multiple officer witnesses to this incident, as well as a civilian who apparently saw client behind the wheel. Client was facing 15 years in prison on the felonies, and 1 year and 60 days on the misdemeanors, including a driver's license suspension for the DUI.
Attorney Eric Matheny won the DHSMV Formal Review and Client was able to regain his driving privilege. Attorney Eric Matheny persuaded the state to dismiss two of the felony counts prior to filing. Attorney Eric Matheny successfully negotiated a PTI (Pretrial Intervention) resolution for the Client whereby the resisting with violence charge and the disorderly intoxication charge will be dismissed upon Clients completion of the six-month program. On the DUI, Attorney Eric Matheny fought aggressively and was able to get that charge dismissed.
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Burglary Charge
Client had multiple priors, including violent offenses, DUIs, and felonies. Client was charged with burglary of an occupied dwelling, aggravated assault, battery, and criminal mischief after being accused of breaking into a man's home and threatening him with a knife. Client was facing over 20 years in prison. Case attracted national media attention.
Client submitted to a polygraph exam and passed. The results were provided to the prosecutor by Eric Matheny. The prosecutor dismissed all felony charges and filed only two misdemeanor counts. Client entered a no contest plea to the two misdemeanor counts and was ordered only to pay the court costs. Client received no jail time nor any probationary term.
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Burglary with Assault or Battery
Client was charged with burglary with an assault or battery, a felony punishable by life, after being accused of going into a family's home and attacking the homeowner with a stick. The Client was held in custody without a bond and faced a maximum of life in prison.
Attorney Eric Matheny was able to convince the prosecutor only 6 days after the Client's arrest that the Client had permission to enter the house, thereby negating the charge of burglary. The prosecutor agreed to a reasonable bond and Client was released from jail. Client was charged with only one misdemeanor count that was dismissed by the state on the day of trial.
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Burglary with Assault or Battery
Client was arrested and charged with burglary with an assault or battery.
Client was facing life in prison and was being held without bond. Attorney
Eric Matheny was able to convince the prosecutor to amend the charges
to bondable offenses, resulting in the Client's release from jail
within 15 days of arrest. Attorney Eric Matheny was able to further convince
the prosecutor to offer Client the Pretrial Intervention program where
the case will be dismissed after six months of anger management, staying
away from the alleged victim, and staying out of trouble.
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Disorderly Intoxication
Client was visiting from out of town. He was arrested and charged with disorderly intoxication after being ejected from a club on South Beach. Client was a well-respected physician in his home state and criminal charges could have had serious implications with his ability to practice medicine. Client also faced 6 months in jail, 6 months probation, and a $500 fine.
State dismissed the charges prior to arraignment.
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Domestic Violence
The two domestic violence clients were both charged with aggravated battery, each facing a maximum in 15 years in state prison. Due to early intervention, the prosecutor realized that he could not proceed on both cases due to insufficient evidence and agreed to drop the charges at arraignment.
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Domestic Violence Charge
Client was placed on 12 months probation for a domestic violence offense. Client never signed up for probation, in fact he left the courtroom after he accepted his plea and didn't return for 15 months. Upon realizing that there was an active probation warrant for his arrest, Client retained Eric Matheny who promptly scheduled the case for a hearing. Attorney Matheny was able to convince the judge to set aside the warrant so that Client did not have to be remanded into custody. Client was offered 180 days in jail by the State Attorney's Office. Attorney Matheny was able to negotiate a full reinstatement to probation with no jail time.
