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Case Results

Not Guilty Verdict After Battery Accusation Grew Out of Rejected Romantic Interest

The Situation

A client was accused of battering a transgender woman whom the client had supported during her transition. The relationship later deteriorated after the client did not reciprocate the alleged victim's romantic and sexual interest.

The Legal Challenge and Strategy

The defense used cross-examination to separate the battery allegation from the parties' personal conflict. Attorney Nicholson developed the theory that the accusation arose from disappointment over an unreturned relationship rather than from criminal conduct.

The Result

The jury found the client not guilty.

Why It Matters

By identifying a specific motive to accuse, the defense gave the jury a reason to scrutinize the allegation and the witness's credibility. The verdict prevented a battery conviction.

Practice area(s): Criminal Defense, Domestic Violence

Mark Nicholson

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.

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