The Law Offices of Kerry L. Armstrong, APLC is proud to announce that
Attorney Daniel Greene has secured a decisive victory on behalf of one of our accused clients.
In the case of an 80-year-old man charged with child molesting and simple
battery the client will not suffer any penalty—neither jail nor
a fine—for the battery charge.
This case centered around an incident that occurred in a front yard, in
broad daylight, as a 10-year-old girl and her seven-year-old brother walked
home from school last February. As they did, they encountered the defendant,
who the girl claimed kissed her once on the forehead and twice on the
mouth. The kisses were confirmed by the brother and an independent witness,
a plumber, who happened to be on the street at that time, as well.
The defendant was taken into custody and charged with child molesting and
a significantly more serious charge of
sexual battery. Both charges could result not only in serious jail time but also
in lifetime registration as a sex offender.
Attorney Greene took on the case and immediately evaluated the first offer
from the prosecution: 60 days in jail, formal sex offender probation,
and lifetime sex offender registration. The prosecution refused any attempts
of negotiation—but on the day of trial stated that the sexual battery
charge was a mistake and should be replaced with a simple battery charge
(which, under the law, requires only an offensive touching—regardless
of intent). With this admission error, however, there was no new plea
In the interest of best serving the accused and the court system, Judge
Joan Weber strongly encouraged Attorney Greene to make a new plea deal
offer to the prosecution that would not include sex offender registration.
The prosecution refused the non-registration offer, as expected, and the
Both the accused and the accuser testified in the trial. The girl stated
that, in the kissing incident, the defendant had stuck his tongue in her
mouth and that it felt gross. The defendant denied this and re-iterated
what he had tried to explain to the police: that he thought the girl either
was, or reminded him of, his granddaughter. Attorney Greene also reminded
the jury that the defendant had lived 80 years of his life without ever
being in trouble with the law before and merely suffered a lapse in mental
capacity due to his age when the incident occurred. He put on evidence
the client had no propensity or character for sexual deviance.
After six and a half hours of deliberation over two days, the jury returned
with its verdict. The client was found not guilty of child molestation
and guilty of the battery charge (because there was no dispute that there
had been an offensive touching). Additionally, the client was awarded
full credit against the standard fine and community service. The verdict
was a tearful relief for the defendant's family as Attorney Greene
met with them outside the courtroom.
We congratulate Attorney Greene on this latest courtroom victory and know
that he will continue to provide compelling advocacy to clients as they
face one of the most difficult ordeals of their lives.
If you or a loved one has been charged with a crime, then we invite you
to contact our team at
The Law Offices of Kerry L. Armstrong, APLC. Our experienced and dedicated San Diego criminal defense attorneys have
time and time again produced swift and favorable results for clients who
needed their voices heard before our justice system.
Don't hesitate to start protecting your future.
Call our offices today to start exploring your options.