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February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 53 Assault/Domestic Violence Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 6765)

NOT CHARGED | ASSAULT – State v. Mr. B. (DMC No. 6765) (Tempe Police Department DR06-107539): Mr. B. had had a tumultuous relationship with his girlfriend.  She had begun drinking and began checking his cell phone, and discovered text messages from other girls.  She became upset, and attacked him while he was sleeping.  A struggle ensued, and he threw her off the bed. The next day, his girlfriend confronted him at a restaurant, and began arguing with him again.  She then left and called police, claiming that he had assaulted her the night before.  We were able to show the police that he acted in self defense, and no charges were filed.  She later filed an Order of Protection, and after a Hearing, the Judge determined she was not credible and we were able to have that Order of Protection also dismissed.

 

 

February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 53 Assault/Domestic Violence Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 5492)

NOT CHARGED | ASSAULT – State v. Mr. S. (DMC No. 5492) (Scottsdale Police Department DR04-21889): Mr. S. and his wife were not getting along, and were headed towards divorce.  Mr. S.’s wife had been drinking all day, and she attempted to strike Mr. S.  He defended himself and held her down.  She was not injured, went to sleep, and then called the police the next day.  We were able to explain the whole situation to the police that this was a potential scheme being utilized by Ms. S. in the upcoming divorce.  No charges were ever brought against Mr. S.

February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 704)

NOT CHARGED | AGGRAVATED ASSAULT with GUN (dangerous) – State v. Mr. R. (DMC No. 704) (Phoenix Police Department DR2008-1567021): Mr. R. was driving with his young daughter when another driver engaged him in a road rage.  They began to argue and once the cars stopped at a light, the other individual got out and started to approach the daughter’s side of the vehicle.  Mr. R. retrieved his gun from a fanny pack while it was still in a holster, held it up to display it (without pointing it at the other person), and the other person then turned and left.  The alleged victim called police and claimed that the gun was pointed directly at him and that Mr. R. had initiated the confrontation.  Through interviews with various witnesses, we were able to convince the police and prosecutors to not file charges.  Mr. R. was originally facing 5 to 15 years in prison.

 

February 11, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2000 Juvenile Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories

State v. Mr. G (DMC No. 5083)

REDUCED | VEHICULAR AGGRAVATED ASSAULT/FELONY CRIMINAL DAMAGE REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. G. (DMC No. 5083) (Maricopa County Juvenile Court JV-162395): Mr. G. had gotten into a vehicular altercation with a motorcycle (i.e. “road rage”), when Mr. G. took his vehicle and struck the motorcycle.  The motorcycle went down and was damaged, and then Mr. G. and the driver of the motorcycle became engaged in a physical fight.  Other drivers broke up the fight, and Mr. G. drove off.  We were able to have the case reduced to a misdemeanor criminal damage with probation and zero day’s jail.  Originally, Mr. G. was facing felony charges in adult court, which would have exposed him to 5 to 15 years in prison under the vehicular aggravated assault charge alone.

 

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.

 

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 79C Unlawful Discharge of a Firearm (Shannon’s Law) Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. V (DMC No. 5370)

DISCHARGE of GUN/Shannon’s Law (with prior and on probation) REDUCED to PROBATION with 4 MONTHS in JAIL- State v. Mr. V. (DMC No. 5370) (Maricopa County Superior Court CR2005-105534): Mr. V. had been drinking all day, and was in his trailer with his wife when he decided to bring his gun out to clean it.  While he had a beer in one hand, and the hammer cocked back on his gun, he spun it around his finger.  The gun discharged and shot a hole through the ceiling of their trailer.  Police were called, and he was charged with a class 6 “dangerous” felony under Shannon’s Law, with a prior conviction while on probation.  He was facing a minimum of 3 years in prison (along with a probation violation) before we had the case reduced to probation and 4 months of jail with work release during the day.

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. V. (DMC No. 10271)

DISORDERLY CONDUCT with GUN (dangerous)/RESISTING ARREST REDUCED to PROBATION with 1 YEAR in JAIL – State v. Mr. V. (DMC No. 10271) (Maricopa County Superior Court CR2011-119677): Mr. V. was depressed and suicidal, and had taken several anti-depressants.  He called 911 and informed them he had a shotgun and was going to kill himself.  When police arrived, he discharged the shotgun up in the air and just passed his own head towards the back.  He was tasered and shot with rubber bullets before being taken into custody.  Originally he was facing a minimum of 2.25 years in prison because of police being listed as victims.  We were able to reduce his case to probation, and jail with work release, which enabled Mr. V. to go to work and keep paying his mortgage for his family.

February 6, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Gila County Superior Court Victories

State v. Mr. B (DMC No. 4290)

VEHICULAR AGGRAVATED ASSAULT (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR ENDANGERMENT and EXTREME DUI with 10 DAYS JAIL – State v. Mr. B. (DMC No. 4290) (Gila County Superior Court CR2003-0510): Mr. B. was involved in a collision at the U.S. 60 and 188 Junction. The other driver and his passenger suffered severe whiplash. Mr. B. was subsequently arrested for DUI and provided a .235 BAC. He was charged with “vehicular aggravated assault” and “endangerment” along with extreme DUI. We were able to convince the Prosecutor to reduce the vehicular aggravated assault charges (which carried 5 to 15 years each) down to an endangerment class 6 open. After probation was complete, the endangerment became designated as a misdemeanor. There is no felony on Mr. B.’s record.

February 6, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 82C Possession/Paraphernalia Pre-Charge Victories, Case Victories, White Tank Justice Court Victories

State v. Mr. M (DMC No. 5699)

NOT CHARGED | MISCONDUCT with WEAPON (prohibited possessor)/POSSESSION of DANGEROUS DRUGS and MARIJUANA NOT CHARGED – State v. Mr. M. (DMC No. 5699) (White Tank Justice Court TR05-00443): Mr. M. was observed driving in a truck on State Route 101, when he drifted into the “Gore Point”. The officer pulled him over, discovered several passengers in the car with Mr. M. Mr. M. was subsequently arrested for extreme DUI and produced a .230 BAC. Inside of the truck, a gun was found under the seat along with marijuana and anabolic steroids. Mr. M. invoked his right to remain silent. We were able to convince the Prosecutor that the gun, marijuana and steroids could have belonged to any of the people in the vehicle. They agreed to not press those charges, and eventually allowed Mr. M. to plead to only an extreme DUI with just 10 days in jail. Mr. M. would have been facing 3 to 6 years in prison for being a “prohibited possessor” if he were charged and convicted.

February 6, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, 63-65 Homicide Victories, 64 Homicide Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 4121)

4 COUNTS of AGGRAVATED ASSAULT DANGEROUS DISMISSED and 1 COUNT of SECOND DEGREE MURDER REDUCED to MANSLAUGHTER with 10.5 YEARS in PRISON – State v. Mr. B. (DMC No. 4121) (Maricopa County Superior Court 2012-017982): Mr. B. and his friends had issues with another group of people regarding a laptop computer. The other group of people came over to Mr. B.’s house were pounding on the door and broke a window. As they were driving away, Mr. B. fired a gun at the car and struck and killed a female passenger (who was a mother of a small child). The other four people in the car were alleged victims of aggravated assault dangerous. Mr. B. was facing a potential of 82 years in prison, and we were able to convince the Prosecutor to drop the 4 counts of aggravated assault dangerous and reduce the second degree murder to manslaughter. He was sentenced to the presumptive term of 10.5 years in prison, in which Mr. B. was released after 9 years (for good behavior).

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