AGGRAVATED ASSAULT (class 4 felony) REDUCED to class 6 open/Misdemeanor designated with PROBATION and 60 DAYS in JAIL – State v. Mr. B. (DMC No. 10671) (Pima County Superior Court CR2012-0933): Mr. B. and his fiancé had both been drinking heavily when they engaged each other in an argument. Mr. B. was alleged to have choked his fiancé to the point of unconsciousness and struck her in the face which, required medical treatment. He was ultimately arrested and charged with Aggravated Assault. We were able to present mitigation into evidence to the Prosecutor in court showing that Mr. B. had been under psychiatric care and had recently attempted suicide. We also showed them that he was now under medication and in ongoing treatment. The charge was reduced down to a class 6 “open” which became a misdemeanor at the conclusion of probation. As part of probation, Mr. B. received 60 days in jail. He was originally facing up to 3.75 years in prison.
