Assault and Battery Appeal

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Muhammad Elsayed represented a client who had been convicted in the General District Court of assaulting her roommate.  On appeal before the Circuit Court, in which the accused receives a brand new trial in misdemeanor cases, Muhammad successfully pointed out numerous inconsistencies in the complaining witness’s story, which changed from the time she spoke with the police, to her testimony in the General District Court, and again in Circuit Court.  By cross-examining the complaining witness thoroughly, he exposed those inconsistencies and her lack of credibility.  The inconsistencies became so apparent that the prosecutor asked the court to dismiss the assault and battery charge in the middle of the trial—without any argument by the defense.  Thus, Muhammad’s client was acquitted of the charge, and the case was dismissed.