Battery

August 9, 2023

Jury Foreman Claims He Regrets Finding Defendant Guilty

by Law Offices of David L. Freidberg, P.C.

A 20-year-old juror says that he could not sleep after convicting a defendant of being an armed habitual criminal and battery of a police officer. He later called the conviction a “cover-up.” Nonetheless, the defendant was convicted and will go to jail, though he may have grounds for an appeal.

An altercation between the defendant and the police officers occurred after the defendant ran into an apartment complex. The defendant was on probation for a drug-related crime and subject to a curfew. Police followed the defendant into the apartment complex and fired on him. They claimed he had a gun, a fact which the defendant denied. The prosecution failed to present fingerprint evidence tying the defendant to the gun.

It remains unclear why the juror voted to convict the defendant when he clearly believed that he was innocent. However, it gives you a sense of how our jury system works and why, sometimes, defendants are convicted based only on the say-so of the police.

March 10, 2023

Officer Facing Charges After Punching 17-Year-Old Boy

by Law Offices of David L. Freidberg, P.C.

One officer is facing charges after several officers allegedly assaulted a 17-year-old boy during an arrest. Essentially, one officer was caught punching the boy repeatedly while the boy was on the ground, and the other officers were caught standing nearby and watching. While the officer who threw the punch is facing charges of aggravated assault and official misconduct, the officers who stood by and watched are not. Nor are they facing disciplinary action.

It is not clear that the bystander police officers could be held responsible for a crime in this instance. Which then got me thinking, what happened to the other two officers in the George Floyd case? The answer: They went to prison. So, let’s analyze that case (which was filed under Wisconsin law), and maybe we can figure out if these officers could be charged with the same thing.

George Floyd Analysis

October 7, 2022

18-Year-Old Held After Carjacking, Battery, Against 61-Year-Old Man

by Law Offices of David L. Freidberg, P.C.

Police have confirmed the arrest of an 18-year-old after a vicious carjacking against a 61-year-old man in Chinatown. The man was also of Asian descent. It is unclear if the man was targeted because of his ethnicity, but crimes against the Asian population have skyrocketed since COVID-19. Asian business owners are now being targeted for hate crimes and burglaries. Many believe that Asians avoid using banks, making their homes prime targets to rob. In this case, the perpetrators may have targeted the area hoping to find an Asian with a wad of cash on them. Nonetheless, the beating itself was vicious, and the 61-year-old man was found unconscious in the street.

Police believe that there are four suspects involved in the carjacking, but thus far, only one of them has been apprehended. The suspect is currently being charged with attempted murder and aggravated vehicular hijacking. Another juvenile has been arrested in connection with possessing the victim’s stolen vehicle, but it is not believed that he was involved in the carjacking attempt. It is unclear if he will be charged with a crime.

The carjacking

August 17, 2022

Serial Scooter Groper Charged with Sexual Assault

by Law Offices of David L. Freidberg, P.C.

Two victims and a coworker have positively identified a man that they say groped them without their consent while riding by on a motorized scooter. The man now faces multiple accounts of aggravated battery, aggravated criminal sexual abuse, and criminal sexual assault. An image of the man had been circulated since August 6. The man was linked to four separate groping incidents, three of which occurred on August 4. The man allegedly groped the buttocks or genitals of women on the street before fleeing the scene. In at least one case, a victim said that there was sexual penetration. The case broke when an image of the man was distributed to the public. A former coworker was the one to identify the suspect.

The suspect has since admitted to groping the women because they were all “wearing something hot.”

Why Did He Think This Was Okay Behavior?

April 1, 2022

Trial of Man Accused of Stabbing Three, Killing Two Begins

by Law Offices of David L. Freidberg, P.C.

A young woman was with three male friends when a fourth individual attempted to hit on her. The girl was not having it and eventually, the friends stepped in on her behalf. The man who was hitting on the girl was affronted by this and two of her friends wound up dead with a third suffering severe injuries in a knife attack. Now, the man is on trial facing two first-degree murders and a third attempted murder charge. The defendant is claiming self-defense. The prosecution has rejected an offer for a lesser charge.

Will self-defense work here?

It is hard to say. Both the prosecution and the defense are establishing their own timeline for events. Prosecutors will say that the defendant hit on a girl and that her friends warned the defendant off. The defendant then became irate and stabbed them after further disputes related to the unwanted attention emerged. The defendant claims that the friends organized an assault on him in which he was placed in a chokehold. This led to further altercations that eventually led to the stabbing.

March 23, 2022

Principal Cleared in Water Bottle Battery

by Law Offices of David L. Freidberg, P.C.

This is a fairly weird case. A principal was playing “child-like games” in the cafeteria, when he lost control of a water bottle and struck a cafeteria worker. The water bottle allegedly caused “permanent disfigurement” according to the criminal charges filed against the principal. At first, it appeared that no criminal charges would be filed, but the principal alleges that a conspiracy between the cafeteria worker and a lead detective investigating the case resulted in him being way overcharged with two counts of aggravated battery resulting in permanent disfigurement. It is unclear how the cafeteria worker was disfigured by the water bottle or how a water bottle could disfigure someone unless it was thrown by Nolan Ryan. Other attempts to characterize the bottle called it “a hard water canteen.” The defendant allegedly suffered a concussion and an eye abrasion that required stitches.

The principal is now suing the school district, the cafeteria worker, and the detective who pursued charges against him. Below, we will take a look at why he might have a case.

Understanding Battery Charges

March 4, 2022

Officer Will Not Face Charges After Groin Punching Suspect

by Law Offices of David L. Freidberg, P.C.

Two officers approach a suspect who opens fire on them. They return fire and strike the suspect. The suspect has now been shot. The police have him in cuffs and are searching him to determine where the gun is. The officer is patting him down. Another officer is standing near him. The officer who is doing the patdown hits his head on the other officer. Thinking it was the suspect who tried to strike him, he punches the man in the groin several times.

Bodycam footage does not show the suspect threatening the officer at the time of the arrest. The officer was relieved of duty and then charged with aggravated battery and official misconduct. However, a grand jury declined to file charges against the officer and so, the case has been dismissed.

Understanding the Problem

January 26, 2022

Women Charged With Felony Burglary in Glitter Bomb Battery

by Law Offices of David L. Freidberg, P.C.

The law is seldom funny, yet here we are. Two women are being charged with felony burglary and battery after breaking into a man’s apartment and glitter bombing him during a dispute. Police say they have the altercation on video and at one point, one of the women threw the glitter can at the victim. Police later traced the women’s vehicle to their home. Police found evidence of glitter within the vehicle.

How Serious are These Charges?

The two women are facing life in prison in Florida, where the crime occurred. Why? Because they burglarized a home and committed battery at the same time. Burglary + Battery + Florida = Potential Life Sentence. Florida is not a great place to play around. The Florida police are not necessarily going to make a huge distinction between someone entering a home to rob it and someone entering a home to play a prank. No matter what happened here, whether it was a domestic argument turned upside down or just a drunk prank, the actual penalties they are facing are extremely severe.

August 4, 2021

Black Man Assaulted by Group of White Men is Facing Charges

by Law Offices of David L. Freidberg, P.C.

A Black man assaulted by a group of white men is facing criminal charges related to the incident. According to the man, who is a local civil rights activist and a member of the Monroe County Human Rights Commission, called 911 after being assaulted by five men. The men accused him of trespassing on private property. The victim apologized and said he was not aware, but the situation escalated quickly when the men tried to teach him a lesson.

According to the victim, the men threatened to break his arms and “get a noose.” One of the men was wearing a confederate flag hat, while others were chanting white power. Cellphone video captured some of the event.

Two of the white men face charges of felony criminal confinement and battery resulting in moderate bodily injury. The white men maintained that they were threatened first and that the complainant was trespassing. Their lawyers claim that the two are victims of a smear campaign to jacket them as white supremacists. The Indiana Department of Natural Resources recommended charges be filed against all involved in the incident, but Monroe County prosecutors initially only filed charges against the two white men. Now the victim will have to face charges related to trespassing and battery. The FBI also said they are investigating the incident as a possible hate crime.

June 4, 2021

Chicago Police Officers Under Investigation After Beating of Teenager

by Law Offices of David L. Freidberg, P.C.

Two Chicago police officers are under investigation after allegedly beating a teenaged boy whom they had arrested in the past. Two others face allegations that they failed to intervene or stop the unjustified use of force. The incident is being investigated by the Civilian Office of Police Accountability. Police say that they only went after the boy after he had struck their vehicle with a stolen vehicle in his possession and pointed a gun at the officers.

One of the officers is alleged to have struck the teenager in the face and head, while another is alleged to have pressed his face into the ground and into a wire fence. The other officer is accused of punching the teenager without justification. A third officer is accused of failing to intervene and a fourth is accused of turning off his body camera. The police are also accused of conducting an improper vehicle pursuit, among other procedural issues. None of the officers have been charged with disciplinary violations.

Analyzing the Situation