The Evidence Developed Beyond the Initial Headlines
The investigation continued after Cavalcante's arrest. Virginia Beach Police subsequently charged multiple other participants with offenses that included attempted robbery and conspiracy to commit robbery.
Virginia Beach Police Chief Paul Neudigate also publicly explained that investigators believed the confrontation began with an attempt to steal Cavalcante's handgun and that Cavalcante returned fire after that attempt.
Those developments were consistent with the central defense position Toscano had asserted from the outset: Cavalcante had not gone to the Oceanfront looking for a confrontation; he was responding to an attempted armed robbery.
The stakes were enormous. Cavalcante initially faced 18 felony charges and was denied bond in Virginia Beach General District Court. Toscano immediately appealed. On March 16, the Virginia Beach Circuit Court granted Cavalcante a $25,000 secured bond over the Commonwealth's objection.
Defense Advocacy Continued After an Outside Prosecutor Took Over
The Virginia Beach Commonwealth's Attorney's Office later recused itself from Cavalcante's case, and an outside prosecutor from Williamsburg took over the prosecution.
Toscano continued advocating for Cavalcante behind the scenes, communicating with the outside prosecutor and pressing the defense position that the full evidence supported ending the prosecution. That advocacy continued in the months leading up to Thursday's hearing.
The outside prosecutor ultimately elected not to continue with the case and moved to nolle prosequi all charges against Cavalcante. The court granted the motion Thursday.
“As I said from the beginning, Matheus acted in self-defense. This was an unfortunate and dangerous situation, and there was an attempted robbery of my client. Through the available evidence, we were able to show what really took place. The decision to drop all 18 felony charges is the right outcome. Justice prevailed, and Matheus can now move forward with his life.”
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Diane Toscano, Toscano Law Group
Media Coverage
WAVY-TV 10 —
Charges Set Aside Against Man Accused in Virginia Beach Oceanfront Shooting
13News Now —
Charges Withdrawn Against Man Accused in Virginia Beach Oceanfront Shooting
WTKR News 3 —
Charges Set Aside Against Man Accused in Oceanfront Shooting that Injured 6
The Virginian-Pilot —
Special Prosecutor Drops Charges Against 18-year-Old in Oceanfront Shooting that Injured 6
Serious Criminal Charges Require a Serious Defense
Cases involving firearms, allegations of violence and claims of self-defense are highly fact-specific. Video evidence, witness testimony, physical evidence, the conduct of every person involved and the sequence of events can fundamentally change how a case should be understood.
An arrest is not a conviction, and the government's initial theory of a case is not necessarily the final word. When someone faces serious felony charges carrying potentially life-changing consequences, effective
criminal defense requires more than reacting to what happens in the courtroom. It can require independent investigation, careful review of the evidence and persistent advocacy with prosecutors before trial.
Virginia Beach
Criminal Defense for Serious Felony and Self-Defense Cases
Toscano Law Group represents people facing serious criminal charges in Virginia Beach and throughout Virginia, including felony cases involving firearms, allegations of violence and claims of self-defense. These cases often turn on the details that emerge only after the evidence is carefully reviewed, witnesses are examined and the sequence of events is reconstructed.
For someone charged with a serious felony, the defense strategy may include challenging the government's initial account, developing evidence that supports self-defense or another legal defense, and advocating directly with prosecutors when the facts warrant dismissal or other favorable resolution.
Toscano Law Group represents clients facing serious felony and federal criminal charges in Virginia. When the stakes are high — we're already there.
Information regarding this case result is based on the unique facts and circumstances of this matter. Prior results do not guarantee a similar outcome in any future case.
