Charges: Assault and Battery with a Dangerous Weapon, Negligent Operation of a Motor Vehicle

• Steven Topazio wrote this February 6, 2024 at 3:46 pm

Overview:

Attorney Steven Topazio represented the defendant in a case involving charges of Assault and Battery with a Dangerous Weapon and Negligent Operation of a Motor Vehicle. The incident in question occurred when the defendant’s vehicle collided with a parked car, and a confrontation ensued with the owner of the parked vehicle, resulting in the alleged assault and battery with a dangerous weapon, the motor vehicle charge.

Key Facts:

1. The defendant’s vehicle collided with a parked car, as captured by a ring doorbell camera.

2. The owner of the parked car approached the defendant for an exchange of information.

3. The defendant’s vehicle rolled into the other party during the confrontation, as seen in the video.

4. Attorney Topazio argued that the collision was unintentional and that the other party walked in front of the defendant’s vehicle during the confrontation.

5. Prior to the incident, the defendant had requested brake repairs from a mechanic who failed to fix them properly.

Legal Strategy:

Attorney Topazio developed a defense strategy centered around the unintentional nature of the collision. He argued that the defendant’s attempt to move his vehicle back into the premises was met with resistance from the other party, who stepped in front of the vehicle, possibly contributing to the incident. Additionally, Topazio highlighted the defendant’s efforts to address the brake issue promptly after the incident.

Defense Arguments:

1. The collision was unintentional, resulting from brake failure despite the defendant’s attempt to repair them.

2. The other party walked in front of the defendant’s vehicle during the confrontation, potentially contributing to the incident.

3. The defendant did not intentionally assault or batter the other party with his vehicle.

Resolution:

Attorney Topazio successfully negotiated with the district attorney, leading to a reduction in the felony charge of Assault and Battery with a Dangerous Weapon to the misdemeanor charge of simple assault. Moreover, the court agreed to continue the case without a finding, avoiding a formal conviction for the defendant.

Conclusion:

Attorney Steven Topazio’s strategic approach and persuasive arguments proved effective in achieving a favorable outcome for his client. By addressing the unintentional nature of the collision and emphasizing the defendant’s prompt efforts to fix the brake issue, Topazio secured a reduction in charges and avoided a formal conviction. This case demonstrates Attorney Topazio’s skillful advocacy and commitment to protecting his client’s rights.