Domestic Battery and Marijuana Case Ends Without Conviction

The Situation

A client was accused of beating his girlfriend and possessing marijuana. The alleged victim did not want to testify, but the State proceeded with the prosecution.

The Legal Challenge and Strategy

The defense attacked both parts of the case. Attorney Nicholson showed that the State did not have the alleged marijuana available as proof, while the alleged victim testified that the client never battered her.

The Result

The prosecution ended without a conviction on the domestic battery or marijuana allegations.

Why It Matters

The defense required the State to prove each accusation with admissible evidence. The missing substance and the alleged victim's denial left the prosecution unable to establish its theory.

Practice area(s): Criminal Defense, Domestic Violence

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video. The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

Case Results