AGGRAVATED ASSAULT DANGEROUS (Victim Shot with Gun) REDUCED TO PROBATION WITH ZERO DAYS IN JAIL – State v. Mr. F (DMC No. 8093) (Maricopa County Superior Court CR2007-135559): Mr. F was at home with several roommates, when one of his roommates had been drinking heavily and began to argue with him. The roommate challenged Mr. F to a fight and then began slapping Mr. F’s face. Mr. F told him to leave him alone. Mr. F went down the hallway and retrieved a Rifle. He was followed by the roommate and was being shoved and pushed.
When the two stood face to face, the roommate grabbed the Rifle and they began struggling over it. The Rifle was discharged and grazed the roommate. Mr. F was subsequently charged with Aggravated Assault Dangerous and was facing 5 to 15 years in prison. Although the Prosecutor argued that Mr. F should have simply left the house, we did have excellent Self-Defense issues. We secured an offer to Probation and the Judge sentenced Mr. F to zero days in jail.