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Case Results

Not Guilty Verdict in Battery Case Involving a Pregnant Mother and Infant

The Situation

A woman was accused of battering her boyfriend and their approximately three-month-old child. The accusation placed her at risk of a criminal conviction involving both an intimate partner and an infant.

The Legal Challenge and Strategy

At trial, Attorney Mark Nicholson challenged the boyfriend's credibility. Cross-examination emphasized that he was more than twice the client's size, had a robbery conviction, and had a personal motive to make the accusation. Text messages and social-media exchanges supported the defense theory that the dispute arose after the client, while pregnant, refused his request for a sexual threesome (ménage à trois).

The Result

The jury returned a verdict of not guilty.

Why It Matters

The defense gave the jury a concrete reason to question the accusation instead of treating the relationship allegation as automatically true. The acquittal protected the client from a battery conviction and its collateral consequences

Practice area(s): Criminal Defense, Domestic Violence

Court: Marion County

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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