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Category Archives: 50 Assault/Violent Crime Jury Trial Victories

Mr. B. had dated a girl who had a brother who was emotionally and mentally disabled. After they had broken up, Mr. B. remained friends with the family. He eventually had her adult brother move in with him so he could “teach him some life skills”. It was alleged that over the course of 2 months Mr. B. physically and emotionally abused this vulnerable adult. He was accused of spraying him with a garden hose, kicking him, and “boxing” his ears until the man developed cauliflower ear (which had to be fixed by way of surgery). He was subsequently charged with 3 Counts of Felony Vulnerable Adult Abuse under Arizona Revised Statute ARS 13-3623, and 1 Count of Felony Aggravated Assault under Arizona Revised Statute ARS 13-1204.

At Jury Trial, we were able to dispel most of the allegations, and he was found Not Guilty of the 3 Counts of Felony Vulnerable Adult Abuse. However, he was found guilty of 1 Count of Aggravated Assault for causing a disfigurement to the man’s ears. He was then sentenced to probation with no Jail time. He was originally facing mandatory Prison time if he was to be convicted of all the charges.

Mr. T. had been arguing with his girlfriend at a local bar when they returned home at 3 in the morning. He continued arguing with her, and with the other roommates in the apartment. At one point, he grabbed a gun and accidently fired it into the wall. The bullet went through that wall and grazed the occupant in the next apartment.

He was ultimately charged with Aggravated Assault Dangerous (with a Gun) pursuant to Arizona Revised Statute ARS 13-1204; Felony Reckless Endangerment under Arizona Revised Statute ARS 13-1201; and Criminal Negligence under Arizona Revised Statute ARS 13-3107. All of these were alleged to be “dangerous crimes” which carried mandatory Prison time.

At Trial, we were able to show that the discharge was accidental, and not intentional. The Jury returned a verdict that this was not a dangerous crime, and he was acquitted of the “allegation of dangerousness”. He was originally facing a minimum of 5 years in Prison, but that now dropped to the possibility of probation. He was then given probation with 12 months of Jail time with work release.

Dismissed at Jury Trial – Felony Child Abuse and Felony Aggravated Assault on a Child – State v. Ms. J (Oct. 13, 2014) (DMC No. 12366) (Pinal County Superior Court CR2013-00944): Ms. M was married to another woman (our client, Ms. J) who had two children (a 10 year old & a 12 year old).  During the course of the relationship Ms. M’s wife became separated from Ms. M and they were in the process of divorce.  They still shared custody of the children during visitation. At one point, Ms. M’s ex-spouse stated that the two children came home and claimed one had been whipped with a belt across their rear buttocks, and the other had been head butted by Ms. J.

Ms. M’s ex-wife then took the children to the Police and reported the incident.  She secured an Order of Protection, and was given Temporary Custody of both children.  The children were interviewed by Police, and confirmed the stories.  Ms. J was then charged with Felony Child Abuse per Arizona Revised Statute ARS 13-3623, and Felony Aggravated Assault on a Child.

We became involved in the case, and immediately secured the interviews and photographs of the children’s injuries. From the photographs, it did not appear the injuries were remotely close to the injuries described in the Police Reports.  We were also able to demonstrate that these allegations were being potentially used to gain an advantage in the custody battle.  Just prior to Jury Trial, the Prosecutor agreed to dismiss all charges if Ms. J were to do some Diversion classes.   Rather than risk multiple years in prison should she lose a trial, Ms. J agreed to do the classes in exchange for complete Dismissal of all charges.

Not Guilty / Complete Acquittal / Felony Aggravated Assault (2 Counts) – State v. Ms. L. (DMC No. 11667) (Maricopa County Superior Court No. CR2013-102278-001):

Ms. L. had called 911 due to a domestic violence dispute in her home in Mesa, Arizona where her roommate had assaulted her.  Two Mesa Police Officers arrived and eventually claimed that Ms. L. assaulted them.  One officer claimed that Ms. L. pushed him, and the other claimed that Ms. L. spit on him.  Knowingly touching a police officer with the intent to insult, injure, or provoke him/her is a Felony Aggravated Assault.  The entire incident was captured on video from a mounted camera on one of the officer’s shoulders.  After jury trial in which the attorney from our firm showed through testimony of various witnesses that the police officers lied both in their police reports and on the witness stand Ms. L. was found not guilty on both charges by the jury of her peers.

Mr. M was involved in a traffic accident on the State Route 51 near Cactus Road. Officers were called out and Mr. M was arrested for DUI and he provided a blood test of a .303 BAC. While in the back of the Patrol car, he became belligerent and used profanities. The Officers’ claimed that he tried to grab a taser and Mr. M. was then charged with Felony Aggravated Assault on a Police Officer under Arizona Revised Statute ARS 13-1204(A)(8)(A). Because Mr. M had 2 prior felony convictions, he was facing potential of 5 years+ in Prison.

At Jury Trial, we were able to show that Mr. M was extremely intoxicated by alcohol. This proved that he did not have the requisite “intent” necessary to grab a taser, turn it on and fire it at the Officer. He was simply pulling away while Officers were attempting to restrain him. The Jury agreed and found Mr. M Not Guilty of all charges.

Mr. J. was accused of traveling through a neighborhood and committing sex acts inside of his car in front of 3 different girls. When the girls were interviewed by Detectives, they were presented with a photo of a registered a registered sex offender in the neighborhood, and they all identified this person instead of Mr. J. When that person had an alibi, they checked various vehicle descriptions and located Mr. J through his vehicle. The Detectives indicated that Mr. J confessed to all the crimes when interviewed by them. He was subsequently arrested and charged with Public Sexual Indecency under Arizona Revised Statute ARS 13-1403(A)(1).

At Trial, we argued that the offense the girls were describing was Indecent Exposure and not Public Sexual Indecency, (since there was no actual sex act involved). In addition, we pointed out that they had identified somebody completely different than Mr. J. when shown the original photo lineup. Lastly, we argued that this so called confession by the Detectives was never recorded, as would be standard procedure, and therefore was very suspect. The Jury agreed and Mr. J was found Not Guilty of the charge.

Mr. G was a family friend with a lady who lived in the valley, and he ended up taking her daughter and son over to his house to spend the night. He was then accused of touching the 17 year old daughter’s breasts while giving her a back rub, and penetrating her vagina with his fingers. She alleged that she felt she could not leave his house. Mr. G. was ultimately charged with Felony Sexual Assault under Arizona Revised Statute ARS 13-1406, Felony Sexual Abuse under Arizona Revised Statute ARS 13-1404 and Felony Kidnapping under Arizona Revised Statute ARS 13-1304.

The Police also claimed that they conducted a “confrontation call” in which the alleged victim confronted him on the telephone and he admitted to these acts. However, he stated he thought that his behavior was consensual and that the alleged victim was always free to leave at any time. At Trial, we presented all of this evidence, along with an extensive history of the alleged victim lying to her family and others regarding numerous other situations. The Jury found that she was not credible and returned a verdict of Not Guilty regarding all charges (Sex Assault, Sex Abuse, and Kidnapping). Mr. G was originally facing well over a decade in Prison if he was to be convicted.

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL: KIDNAPPING & AGGRAVATED ASSAULT – State v. Mr. T (DMC No. 6708) Nov 27, 2006 (Maricopa County Superior Court CR 2006-129306): Mr. T had been home drinking when his girlfriend arrived late at night. They began an argument and a physical altercation ensued. After Police arrived, Mr. T’s girlfriend was found to have a head injury and she was taken to the hospital.  Mr. T was ultimately charged with Kidnapping and Aggravated Assault.

On the first day of Jury Trial, the Jury was selected and impaneled. On the second day of Jury Trial, various evidentiary hearings were held regarding items of evidence we were seeking to have suppressed. We won that hearing and the State was precluded from bringing in “other bad acts” evidence against Mr. T. On the third day of trial, the State developed witness problems and they were forced to dismiss their case while in the middle of trial. The jury was then excused and Mr. T has no conviction on his record.

Mr. C was 18 years old and dating his 16 year old girlfriend. They had gone out to dinner at a fast food restaurant, and Mr. C was pulled over for a Minor Traffic Violation. After the Officer left, Mr. C. sat on the curb because he wasn’t feeling well. His girlfriend went through his phone and saw a text message from another girl and she “flipped out”. She began attacking Mr. C., and Mr. C. tried to calm her down for about 20 minutes before driving her home.

The girlfriend then called Police and claimed that she was assaulted by Mr. C. and was not allowed to leave his vehicle. Mr. C. was ultimately charged with a Class 2 Felony Kidnapping. At Jury Trial, we were able to show that his girlfriend’s story did not match up with what she had originally told Detectives. She had claimed that a friend had come by and witnessed the assault, but could not identify the friend. At the close of all evidence. The Jury was to deliberate regarding the Felony Kidnapping under Arizona Revised Statute ARS 13-1304, as well as the “Lesser Included Offenses” of Felony Attempted Kidnapping and Felony Unlawful Imprisonment under Arizona Revised Statute ARS 13-1303.

After a short deliberation, they returned a verdict of Not Guilty on all 3 charges. If Mr. C had not received a Complete Acquittal, he would have been facing a Potential of over 10 years in Prison.

Not Guilty | (DMC No. 3602) (Maricopa County Superior Court No. CR2002-097294): Mr. M had a history of psychological problems and post traumatic stress disorder. He had previously been convicted of aggravated burglary; aggravated assault with a weapon; and aggravated assault on a police officer in three different jurisdictions. He had spent over 4 years in jail prior to being charged in Arizona. In Arizona, he was undergoing a psychotic episode and had drunk 14 wine coolers. He had gotten into an argument with his girlfriend and caused damage in a motel before moving on to a local convenient store. He then assaulted several patrons at the convenient store when the police arrived. It took three officers to arrest him and haul him with restraints. They claimed he was kicking, biting and spitting at them. He subsequently was charged with felony aggravated assault on a police officer, misdemeanor criminal damage and misdemeanor disorderly conduct. After a 3 day trial, the jury hung on the felony charge, and it was subsequently dismissed. As to the two misdemeanor charges, Mr. M. received minor jail time only. He was originally facing a possible 10 years in prison before we represented him.

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