A mistrial has been held after a jury was unable to reach a verdict in last year’s criminal trial of Oscar Fuller, a Queens electrician. 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 last week and was acquitted of the felony charge but convicted of the lesser criminal charge of misdemeanour assault. June will see the sentencing phase of his trial. Learn more by visiting Boston Criminal Defense Lawyer – Toland Law LLC.
Fuller’s criminal defence attorney believes that such a punishment will be forthcoming provided that the first jury could not conclude that Fuller was guilty of any criminal activity and that this second jury could not convict Fuller on the more serious criminal charge of misdemeanour assault.
Jurors from the first trial had suggested to reporters that petite Rosas was originally at fault in attempting to stand in a parking spot to save him for a relative. Yet, several of the original jurors assumed that Fuller wanted to inflict harm when he delivered the blow. But, as not all jurors agreed, a mistrial was declared.
In the second trial, the District Attorney was still trying to pursue a second-degree conviction of assault. Such a serious criminal conviction would have required the prosecution to prove that the Queens electrician was 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.