Verdict Alert - Not Guilty on all Felony Charges (03/27/2026) - 25CF017267

• Client was charged with (1) Battery on a Law Enforcement Officer; and (2) Resisting an Officer With Violence, 2 3rd degree felonies, facing a maximum penalty of up to 10 years in Florida State Prison.

• The jury returned a verdict of Not Guilty on the charged felonies, and guilty of the lesser included offense of misdemeanor battery.

• Client was sentenced to a withhold of adjudication and probation.

• Facts:

  • Defendant was pulled over for speeding.

  • Deputy smelled the odor of "freshly burnt marijuana" emanating from the Defendant's vehicle.

  • Upon questioning by the Deputy, the Defendant acknowledged "smoking" several hours prior.

  • When asked if he had a medical marijuana card, the Defendant provided an expired one.

  • When the Deputy asked the Defendant to exit the vehicle for a probable cause search, the Defendant refused.

  • When the Deputy put his hands through the window to try opening the car door, the Defendant pushed his hand away.

  • Upon exiting his vehicle, deputies attempted to handcuff the Defendant and a struggle ensued.

• After deliberations the jury unanimously found that the Deputy was not engaged in the lawful execution of a legal duty when he attempted to search the Defendant's car based on the odor of marijuana, returning a verdict of not guilty on (1) Battery on a Law Enforcement Officer; (2) Resisting Officer with Violence; and (3) Resisting Officer without Violence.