After a jury could not reach a verdict last year in the criminal trial of Oscar Fuller, an electrician from Queens, a mistrial was declared. Fuller faced a criminal charge of felony assault for punching 4’11” Lana Rosas when the two got into an altercation over a parking space in the city. Fuller faced a new trial this past week and was acquitted of the felony charge, but convicted on the lesser criminal charge of misdemeanor assault. The sentencing phase of his trial will take place in June. Prosecutors have said that they will seek jail time for the defendant. The maximum sentence would be one year.
Fuller’s criminal defense attorney doubts that such a sentence will be forthcoming given that the first jury could not agree that Fuller was guilty of any criminal activity and that this second jury could not convict Fuller on the more serious criminal charge of misdemeanor assault. The criminal defense attorney is hopeful that Fuller will not see any jail time at all.
Jurors from the first trial had indicated to reporters that the petite Rosas was initially at fault by trying to stand in a parking spot to hold it for a friend. However, many of the initial jurors did believe that Fuller intended to cause injury when he delivered the blow. But since not all jurors agreed, a mistrial was declared.
In the second trial, the District Attorney still tried to pursue a second-degree assault conviction. Such a serious criminal conviction would have required the prosecution to prove that the Queens electrician meant to injure the woman in such a way as to disfigure her or cause long-standing pain at the very moment he punched her. The approach of Fuller’s criminal defense attorney in the second trial was the same as it had been in the first: to argue that there was no way that Fuller or anyone else could have known that a single punch would lead to the injuries sustained by Rosas. According to the Queens criminal defense attorney, Fuller never denied punching the woman, but always maintained that he never intended the seriousness that occurred.
Regardless of the origins, any criminal charge can have serious consequences if you are convicted. That is why anyone who faces criminal charges in the Queens area needs the same kind of legal assistance from an experienced Queens criminal defense attorney as Oscar Fuller had. Your Naples gun charge lawyer will work tirelessly to obtain the best possible outcome for your case and to ensure that your rights are protected throughout the process as well.