Cincinnati defense attorney wins not guilty verdict in felonious assault trial

Lindsay Arway of Moermond & Mulligan, LLC secured a not guilty verdict after a three-day jury trial in Hamilton County Common Pleas Court on a second-degree felonious assault charge. The case turned on credibility and the lack of corroborating evidence, with the defense arguing the client tried to break up a fight rather than join one.

Why it matters: - The verdict cleared a defendant of a serious second-degree felonious assault charge after a jury trial in Hamilton County Common Pleas Court. - The result shows how credibility disputes and missing corroborating evidence can determine felony cases when physical injuries are alleged. - The case involved injuries that included cuts, bruising, a punctured lung and broken ribs, making the acquittal especially consequential for the defense.

What happened: - Lindsay Arway, a criminal defense attorney at Moermond & Mulligan, LLC, secured the not guilty verdict after a three-day jury trial in Hamilton County Common Pleas Court. - The case was filed as Case No. B2504889. - The charge was felonious assault in the second degree. - The jury returned the not guilty verdict after deliberating on the evidence presented at trial.

The details: - Court filings said a complaining witness alleged a verbal dispute began between herself and a co-defendant when they entered an apartment building. - Court documents alleged the complaining witness was then struck by the co-defendant and assaulted by Arway’s client when leaving the building. - Medical records introduced at trial documented cuts, bruising, a punctured lung and broken ribs. - The apartment building had surveillance cameras, but the cameras were not operational at the time of the incident. - Statements made to law enforcement and cited in court proceedings said Arway’s client acknowledged being present. - Those same statements said the client claimed he tried only to intervene between the two women and denied assaulting the complaining witness. - Additional case background was available on the firm's second-degree felonious assault case result page.

Between the lines: - The defense case centered on the absence of video evidence and the gap between allegations and proof. - Arway said the case turned on credibility, the lack of corroborating evidence and the State’s burden of proof. - Arway also said her client told detectives from the start that he was there to stop a fight, not start one. - The acquittal suggests the jury did not find the prosecution’s version strong enough to overcome reasonable doubt.

What's next: - Moermond & Mulligan, LLC says Lindsay Arway continues to represent people facing criminal charges in Hamilton County and throughout southwest Ohio. - Arway’s practice focuses on felony defense, trial advocacy and cases where client liberty is at issue. - No further court action was announced in the release.

The bottom line: - In a case with serious alleged injuries but no usable surveillance footage, the defense persuaded a Hamilton County jury to return a not guilty verdict.