Florida Attorneys Rob and Aaron Delgado save client from life sentence

RELEASED: November 20, 2012

PORT NEW RICHEY, Fla.- Attorneys Aaron Delgado of the Florida law firm Damore, Delgado & Romanik recently defended a client facing a sentence of life in prison without parole if found guilty of attempted felony murder of a law enforcement officer. As a result of their strong criminal defense work, the jury instead elected to find their client guilty of the lesser charge of battery on a law enforcement officer.

Attorneys' client, Brittany Miles, was charged with escape, fleeing to elude, driving under the influence and attempted felony murder stemming from a DUI arrest in 2011. On the morning of May 10, 2011, several witnesses called 911 to report that Ms. Miles, a dancer at the Brass Flamingo strip club and mother to a young child, was driving erratically on U.S. 19 in Pasco County. Subsequently stopped on suspicion of drunk driving, she admitted to having had seven drinks and was arrested, handcuffed and placed in the back of a patrol car where she swallowed the Xanax pills she had earlier hidden in her underwear. Later drug tests confirmed the presence of oxycodone and Xanax in her system.

Ms. Miles then slipped one hand out of the handcuffs, opened the patrol car door from the outside by reaching through an open window and dashed back to her truck. Pasco County Deputy Ashley Grady gave pursuit on foot, jumping on the running board of Ms. Miles truck just as she hit the accelerator and headed back on to U.S. 19 at a high rate of speed. Deputy Grady testified that while speeding down U.S. 19, Ms. Miles deliberately pushed her off the running board, sending her crashing to the pavement, causing her to suffer a broken leg, a concussion and scrapes among other injuries.

While Ms. Miles admitted to driving while under the influence of alcohol and drugs, escaping from police custody and fleeing from the police, she objected to the attempted felony murder charge, arguing that she didn't have the intent to harm necessary to prove attempted murder. Ms. Miles testified that when she sped off she was unaware that Deputy Grady was on the running board, that she didn't push Grady and never intended to hurt Grady in any way.

Speaking to the jury, Mr. Delgado said "Brittany Miles should have some credibility in your minds for standing up there, putting herself in your hands and saying, 'Yes, I am guilty of those things.' That should give her some credibility when she says, 'No, I did not intentionally touch that deputy.'" The jury agreed with Mr. Delgado, refusing to find Ms. Miles guilty of attempted felony murder and opting instead for the lesser charge of battery on a law enforcement officer, thereby sparing Ms. Miles a sentence of life imprisonment without parole.

The lawyers at Damore, Delgado & Romanik provide aggressive defense representation for criminal charges in Florida. The firm's criminal defense attorneys are available 24 hours a day, seven days a week. To arrange a free initial consultation call 877-509-1400 or visit www.communitylawfirm.com.