Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
REDUCED to Misdemeanor – Felony Aggravated Assault, State v. Mr. H. (DMC No. 7313)
REDUCED to Misdemeanor – Felony Aggravated Assault, State v. Mr. H. (DMC No. 7313) (Maricopa County Superior Court No. CR2007-119793): Mr. H. was seen driving erratically through a neighborhood and throwing an item from his window. When officers stopped him, they realized that Mr. H. was delivering newspapers with his son. When an argument ensued, the officer stated that he was going to write Mr. H. a traffic ticket. Mr. H. got out of his vehicle to discuss this with the officer, and he was subsequently thrown to the ground and charged with Aggravated Assault on a Police Officer. We were able to show how outrageous the officer’s conduct was, and the State agreed to offer a Misdemeanor Disorderly Conduct charge. Mr. H. took the plea in order to avoid the felony and to keep his employment.
FELONY AGGRAVATED ASSAULT 4 REDUCED to Disorderly Conduct Misdemeanor- State v. Mr. S. (Pinal County Superior Court CR2009-00829:
AGGRAVATED ASSAULT FELONY 4 REDUCED to Disorderly Conduct Misdemeanor- State v. Mr. S. (Pinal County Superior Court CR2009-00829:
Mr. S. was seen by multiple witnesses punch another person while at a local bar in Florence, Arizona. The victim was flown via emergency helicopter to Scottsdale Osborn Hospital where he was treated for his injuries. Mr. S., who had left the bar before the police arrived, was later contacted by police however was not immediately arrested. After completing their investigation, Mr. S. was charged with Aggravated Assault, a Class 4 Felony, based on the severity of the injuries. During interviews of multiple witnesses it was discovered that the victim had previously tried to start a fight with Mr. S. weeks prior and this altercation may have been a continuation of that previous contact. After dismantling the State’s case, the prosecution offered, and Mr. S. accepted, a plea agreement to one misdemeanor count of Disorderly Conduct. Mr. S. was sentenced and ultimately placed on just one year of unsupervised probation.
REDUCED TO MISDEMEANOR – Aggravated Assault –State v. Ms. T.
(Maricopa County Superior Court No. CR2007-121024): Ms. T. had gone to a bar where she saw her 15 year old daughter drinking. She confronted her daughter later that evening, and her daughter admitted she was using methamphetamine and was very defiant. Eventually the two were involved in a physical fight which left both bleeding. The police were called and Ms. T. was arrested. Originally she was charged with a misdemeanor assault, but then the City Prosecutor dismissed charges and routed the case to the Maricopa County Attorney’s Office for felony charges. Ms. T. was charged with a felony, and was facing potential prison time. We were able to negotiate a plea to a misdemeanor with zero days in jail.
REDUCED TO MISDEMEANOR– Vehicular Aggravated Assault
State v. Mr. J. (Maricopa County Superior Court No. 2003-124281CR): Mr. J. was backing his vehicle up when he struck a gate which fell on someone, resulting in a severe injury to the victim’s head and face. The police administered Field Sobriety Tests to Mr. J., and he performed poorly on them. Although he was initially charged with a Misdemeanor DUI, the prosecutor was looking into filing an Aggravated Assault Dangerous charge (which would carry a 5-15 year prison term) because a civil lawsuit had been filed against Mr. J. We were assisting the civil attorney who was defending the civil lawsuit, and convinced the prosecutor to leave the case as a Misdemeanor DUI. Mr. J. eventually received a Misdemeanor DUI with 1 day in jail.
REDUCED TO PROBATION – Aggravated Assault with a Gun/Kidnapping
State v. Mr. B. (Maricopa County Superior Court No. 2002098785CR): Mr. B. was with his girlfriend, and both had been drinking. They got into an argument and she left his house with another gentleman and his keys. He hitched a ride to where she was at, and they continued arguing. He eventually left, and she drove and picked him up. They argued some more, and became involved in a physical altercation. She claimed he had a gun and that he had thrown it in the canal. No gun was ever found, however a knife was found inside the apartment and his girlfriend had been cut. Originally, the State wanted 5 to 15 years in prison. By enrolling Mr. B. in mental health counseling, we were able to reduce the plea to probation, 4 months in jail, and work release.
REDUCED TO PROBATION- Aggravated Assault With a Gun
State v. Mr. R. (Maricopa County Superior Court No. 2001093948CR) Mr. R. was engaged in an argument with his wife after they had both been drinking. He grabbed a gun because he intended to commit suicide. His wife saw him grab the gun and struggled with him, which resulted in the gun being fired inside the house (no one was injured). Police were then called and he was charged with Aggravated Assault/Dangerous against his wife. The Maricopa County Attorney’s Office originally wanted a plea offer of 3.5 years. We were able to get the case reduced to probation with 6 months in jail with work release.
REDUCED TO MISDEMEANOR – Aggravated Assault with a Gun
State v. Mr. S. (Pinal County Superior Court No. 200201198CR): Mr. S. had numerous arguments with his neighbor. He lived on a 10 acre piece of land, and had been in previous fight with his neighbor over a peacock coming onto their property and doing “donuts” on his property. The alleged victim was mad at Mr. S.’s dog and said he was going to go inside, get a shotgun, and blow the dog and Mr. S.’s family away. While he was heading back into his house to retrieve a gun, Mr. S fired a gun into the air. The neighbor also claimed something similar had happened on a previous Friday night. Originally the State wanted 5 to 15 years in prison, but through extensive investigation we were able to get the Pinal County Attorney’s Office to reduce the plea to a Misdemeanor Disorderly Conduct with no jail.
