Case Results

NOLLE PROSSE both charges

Rape – Sexual Assault

Our client, an active-duty Navy sailor, was accused of domestic assault and forcible sodomy by his wife.  Our client adamantly denied the accusations against him – accusations which not only would have ended his promising Naval career, but could have landed him in prison for the rest of his life and required his registration as a sex offender.  During preparations for the sodomy preliminary hearing, our client had provided to us numerous documents and details which supported his defense.  In speaking with the prosecutor, this information was relayed to the prosecutor, including details regarding the motivations of his wife to make these accusations.  Thankfully, the prosecutor assigned to the case was very ethical and entirely focused on getting at the truth of the matter – not just aiming for a conviction.  During the prosecutor’s discussions with our client’s wife, it was divulged that her motivation for making the allegations was to get our client kicked out of the Navy.  After further discussion, the prosecutor agreed to NOLLE PROSSE both charges, undoubtedly saving our client’s career.

DISMISSED the Protective Order

Assault and Battery

Caught up in a bitter custody battle, our client retained the Law Firm of McCormack & McCormack after his mother-in-law took out an assault and battery charge and a preliminary protective order against him, in Virginia Beach.  She claimed that our client had aggressively pushed her aside, in order to get onto her porch.  In addition to the assault and battery charge and the protective order, the court had charged our client with failure to appear at an earlier court date.  At trial, Mr. McCormack entered a not guilty plea on behalf of our client, and the judge heard testimony and evidence in the matters.  During an aggressive and tactical cross-examination of the alleged victim, as well as follow-on testimony from defense witnesses, Mr. McCormack eviscerated the credibility of the alleged victim – proving that her testimony was demonstrably false.  At the conclusion of all evidence and argument, the judge found our client NOT GUILTY of both the assault and battery and the failure to appear charges, and further, despite there being a much lower burden of proof for the civil protective order claim, DISMISSED the protective order.

DISMISSED the Assault and Battery Charge

Assault and Battery

A Norfolk Public Schools teacher hired our firm to represent him for assault and battery charges in Norfolk Juvenile and Domestic Relations Court.  One of his students, who had a history of behavioral issues at school, had threatened another student with a chair in the classroom.  After attempted to verbally de-escalate the situation, our client was assaulted by the student and had to physically restrain the student.  Two days after this incident, the student’s parent went to the magistrate and took out a criminal charge for assault and battery against our client, alleging that our client had viscously physically assaulted their son.  Upon being charged, our client was unfortunately suspended from his teaching job without pay – a suspension which lasted several months until the trial date.  At trial, Mr. McCormack entered a plea of not guilty on behalf of our client, and both the student and his parent testified.  At the conclusion of the prosecution’s evidence, the judge GRANTED our motion to strike the evidence and DISMISSED the assault and battery charge.  Our client will be eligible to return to teaching, and further eligible to have the criminal charge expunged from his record.

NAVY E-4 Reckless Driving CHARGE DISMISSED

Military Defense

Attorney Robert Canoy represented a Navy E-4 who was charged with reckless driving following an accident which was not observed by law enforcement. The state trooper’s case relied heavily on the observations and credibility of other vehicle operators who were involved in the collision. Charge Dismissed.

NAVY SEAL E-7 NOT GUILTY

Military Defense

Attorney Robert Canoy represented a Navy Chief (E-7) Seal who was charged with felony strangulation and domestic assault after his spouse called 911 during an altercation at their off-base residence. Despite multiple identified weaknesses in the case, the prosecution was insistent that the case go to trial, and proceeded to take the case to trial despite the wishes of the alleged victim that the case not be prosecuted. At trial, the prosecution forced the non-cooperating witness onto the witness stand and attempted to make their case. After a short deliberation, our client was found NOT GUILTY of all charges.

Dismissed

STRANGULATION PROTECTIVE ORDER DISMISSED
Military Defense

Attorney Robert Canoy represented an active duty Coast Guard E-7 who was issued a protective order after his wife alleged strangulation and domestic assault. Attorney Canoy represented the client through a fully contested protective order hearing in Juvenile Domestic Relations court during which Attorney Canoy aggressively cross-examined the alleged victim, revealing multiple significant credibility issues and motives to fabricate evidence. After a Juvenile Domestic Relations Court issued the protective order, Attorney Canoy exercised the client’s right to a Circuit Court appeal of the protective order, ultimately resulting in the Circuit Court dismissing and abolishing the protective order.