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February 24, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. H (DMC No.7286)

DISMISSED – Assault/Disorderly Conduct, State v. Mr. H. (DMC No.7286) (Scottsdale Municipal Court No. CR-2006030863): Mr. H. lived in a house with several college roommates. He had been out drinking with his roommates when they arrived back at their house and encountered another roommate who had been drinking. Mr. H. began wrestling and fighting with that roommate, and police were called. Because Mr. H. was roommates with the gentleman he fought with, he was charged with a Domestic Violence Assault. We were able to show that this simply an argument between roommates, and the alleged victim no longer sought to proceed with charges. The case was then dismissed on the day of trial.

February 24, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. H (DMC No.7177)

DISMISSED – Assault, State v. Mr. H. (DMC No.7177) (Tempe Municipal Court No. 07-976814): Mr. H. and his roommate were at a non-alcoholic fraternity event on ASU’s campus. When they returned to their dorm room, Mr. H.’s roommate struck him in the back with a beanbag. Mr. H. instinctively turned and punched his roommate in the face. He was subsequently charged with Assault. We were able to show the prosecutor that self-defense was proper. The State agreed with us and dismissed all charges.

February 24, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. O (DMC No. 4083)

(Mesa City Court, 2003-050299CR): Mr. O.’s wife was mentally ill and was on numerous medications. She was receiving treatment from Value Options when she attacked Mr. O. Police arrived and arrested both our client and his wife. Mrs. O. plead guilty to assault and had already been sentenced. We explained to the prosecutor that Mrs. O. was mentally ill and kept attacking Mr. O., and he had used a broom to keep her at bay. Eventually, the prosecutor dismissed all charges for the reason that “the evidence will not support a conviction.”

February 20, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, Justice Court Victories, McDowell Mountain Justice Court Victories, West Mesa Justice Court Victories

State v. Mr. V. (DMC No. 4932)

DISMISSED TWICE | ASSAULT – State v. Mr. V. (DMC No. 4932) (West Mesa Justice Court CR03-00477MI/McDowell Mountain Justice Court CR05-00036MI): Mr. V. was charged with assault and it was improperly placed in the West Mesa Justice Court. We argued a jurisdictional defect and the case was dismissed. The State waited beyond 1 year and re-filed the charge in the McDowell Mountain Justice Court’s jurisdiction. We argued that the Statute of Limitations (a 1 year time limit) had run, and the case was dismissed in its entirety.

February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. T (DMC No. 4632)

ASSAULT DISMISSED – State v. Mr. T. (DMC No. 4632) (Phoenix City Court 2955410): Mr. T. had flown to California to pick up his wife.  They had been having marital problems, and she flew back with him to Phoenix.  They began arguing on the flight, and after the flight landed they began exiting the plane.  As they were leaving, she grabbed him and pulled him back into the plane.  He pulled away from her, and she fell to the ground.  Police were called, and he was arrested for assault.  We showed the Prosecutor that this was self-defense, and all charges were dismissed.

 

February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 700 Property Crime Victories, 95 Trespass Victories, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State v. Ms. B (DMC No. 5111)

DISMISSED | TRESPASS/ASSAULT – State v. Ms. B.  (DMC No. 5111) (Chandler City Court 04-C-2433841): Ms. B. had been in a dispute with her baby’s father over custody.  When she showed up at his apartment, she was asked to leave.  She then shoved him aside and kneed him in the groin in order to go inside and try to take her child.  Police were called, she was charged with trespass and assault.  We were able to have the case dismissed upon completion of classes per a “diversion” agreement.  This resulted in Ms. B. not being violated per her custody agreement with the Family Law Court.

 

January 28, 2014
Posted on Author By dmcantor Categories 1500 Expungement Victories, 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. R (DMC No. 10782)

CONVICTION SET ASIDE | ASSAULT and DISORDERLY CONDUCT – State v. Mr. R. (DMC No. 10782) (Scottsdale City Court 2009-003718): Mr. R. had rented a “party bus” to attend the Phoenix Open with a group of friends.  While they were stopped on the bus, another group of males attempted to enter, and a fight ensued.  Subsequently, another individual was injured and Mr. R. was arrested for assault and disorderly conduct.  We were able to show the court that Mr. R. had paid full restitution (even though there was a co-defendant), and that he had now married his girlfriend who was pregnant with their first child.  The court set aside the judgment of guilt against Mr. R., and the complaints against him were dismissed.

June 29, 2011
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 51 Assault/Domestic Violence Dismissals, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 97 Property Crime Jury / Bench Trial Victories, Apache Junction Justice Court Victories, Case Victories

State v. Mr. B (DMC No. 10031)

DISMISSED AT BENCH TRIAL | ASSAULT/CRIMINAL DAMAGE/DISORDERLY CONDUCT State vs. Mr. B. (DMC No. 10031) (Apache Junction Justice Court No. 2010-0207): Mr. B. was in the process of filing for divorce against his wife who was constantly accusing him of cheating on her.  She attacked him several times during the course of one night and scratched his face.  He then physically pushed her in order to defend himself.  During the course of this altercation, his cell phone was damaged.  Mr. B.’s ex-wife waited until the next day to report the incident to the police while at a friend’s house.  On the day scheduled for Bench Trial, we explained all factors to the prosecutor involving self defense, and they moved to Dismiss the case at that time.

July 3, 2007
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. M (DMC No. 7805)

DISMISSED AT BENCH TRIAL |  ASSAULT/DOMESTIC VIOLENCE (DMC No. 7805) (Gilbert City Court No. 2007CR250): Mr. M. was living with his girlfriend when her bird got out and destroyed his $1000 remote control. Mr. M. became upset and was packing his belongings to move out of the house. His girlfriend then blocked his path and refused to let him leave. When he physically moved her, she called the police and he was arrested for an alleged domestic violence assault. On the day of the bench trial, the prosecutor realized that they did not have sufficient evidence to proceed to trial and all charges were dismissed.

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