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Category Archives: 67 Child/Vulnerable Adult Abused Reduced

Mr. S was a high school student who got involved with two older high school students who sold drugs and had violent dispositions. Mr. S. had received a call from one of the Co-Defendants stating that he had been ripped off by two other kids in a drug deal and wanted Mr. S to go with them in order to “have their back.” At some point prior, Mr. S. provided them with some bullets for a gun he thought they would be shooting in the desert (completely unrelated to the drug robbery). Mr. S. was instructed to convince the two victims to go into the desert to “smoke some weed.”

When all 3 arrived at a predetermined location, the two Co-Defendants jumped out of the bushes and held the two victims at gunpoint and knifepoint. One of the victims was instructed to “suck his dick,” referring to the other victim. Both of them were males. The victims were pleading with the Co-Defendants not to shoot them and not make them participate in that activity, which they were still forced to do.

Mr. S. only stood-by as a lookout, and was not aware that any of that activity was going to be taking place. The two Co-Defendants had a gun and knife, and Mr. S. did not have any weapon on him. The victims were told to urinate on all of their clothing and throw it around the general area. The Defendants then left, and the victims contacted the police. Mr. S. was the only Defendant to cooperate with the authorities. He showed him where the gun was stored and the location of where other items were deposited. This was done with our help. Ultimately, we secured an offer that included no agreements as to sentencing.

One of the Co-Defendants was sentenced to 9 years in prison, and the other was sentenced to 5 years in prison. We presented extensive mitigation to the Court, and we were also able to secure a request for leniency from one of the victims’ mothers. Although the Judge was initially inclined to sentence Mr. S. to prison, or at least 1 year in jail, we were able to convince the Judge to defer all jail time. Mr. S. successfully completed probation, did not do any time in jail, and is currently enrolled in college. Originally, he was facing a potential of life in prison.

FELONY AGGRAVATED ASSAULT DISMISSED/ CHILD ABUSED REDUCED to Class 6 Open/Misdemeanor with PROBATION and 12 DAYS of JAIL (time served)– State v. Mr. P (DMC No. 7742) (Maricopa County Superior Court CR2007-153961): Mr. P was bipolar and suffered a delusional episode. He tore the gate off his daughters crib and then threw her to the ground. He then called Police and walked out of his house naked. He claimed he had killed his daughter because God told him “I need to take on our all cardinal sins for humanity”.

The Police found that his daughter was shaking up, but relatively unharmed. He was taken into custody and immediately charged with Aggravated Assault and Child Abuse. After we got him released from jail (12 days later), we had him checked into a Psychiatric Treatment Facility. They regulated his behavior with medication, and he hasn’t had any further incidents. We were able to convince the Prosecutor to extend an offer to a Class 6 Open/ Misdemeanor with Probation and credit for the 12 days time served. When Mr. P completed Probation, his case was reduced to a Misdemeanor. He has no Felony convictions on his record.

REDUCED | CHILD ABUSE REDUCED to class 6 open/misdemeanor with PROBATION and ZERO DAYS JAIL – State v. Mr. U. (DMC No. 5263) (Maricopa County Superior Court CR2005-005939): Mr. U. had a teenage step son that was very troublesome and had been charged with arson and destroying property in the past.  His step son was getting D’s in school until Mr. U. began a more formalized schedule involving discipline.  When Mr. U. caught his step son destroying more property, he disciplined him with a belt.  He was subsequently charged with a class 4 felony child abuse.  We were able to show the Prosecutor the problematic history of the teenage step son and the Prosecutor agreed to reduce charges to a class 6 open/misdemeanor with probation and no jail.  At the conclusion of probation, Mr. U. only had a misdemeanor on his record.  The step son moved back to Tennessee to be with his biological mother.

CHILD ABUSE REDUCED to a CLASS 6 OPEN/MISDEMEANOR AGGRAVATED ASSAULT with PROBATION and ZERO DAYS JAIL – State v. Mr. B. (DMC No. 10554) (Pinal County Superior Court CR2011-02622): Mr. B. was accused of slapping a 7 year old in the face, giving him a black eye and striking him with a belt multiple times.  Mother and father had since separated, and she had taken the kids out of State without going through the Family Law Court.  Mr. B. made several admissions to disciplining his son, but stated that the mother was exaggerating. We were able to have the case reduced down from class 4 felony to a class 6 open which involved probation and no jail.  Once probation was completed, the case became a misdemeanor.  Mr. B. has no felony on his record.

CHILD ABUSE REDUCED to MISDEMEANOR HINDERING PROSECUTION – State v. Ms. C. (DMC No. 10411) (Maricopa County Superior Court CR2011-006084): Ms. C. was accused by the school of striking her daughter in the eye and giving her a black eye.  The daughter later stated that she was placed into the corner for a time out, and she accidently fell over and struck the hinge on the door.  Due to some potentially incriminating statements, the case did not go to trial and instead was plead down to a misdemeanor “hindering prosecution” with 37 days of jail.  There is no conviction or felony on Ms. C.’s record.

REDUCED to Misdemeanor Endangerment – Child Abuse, State v. Mr. B. (DMC No.7257) (Maricopa County Superior Court No. CR 2007-005374): Mr. B. had gone through a divorce with his ex-wife and had custody of his 6 year old daughter. He had gone to work and left his 6 year old at home because the babysitter had canceled. When his ex-wife found out, she contacted police. When police came to the house, they discovered the house in a state of disarray, and they felt Mr. B. had been neglecting/abusing his daughter. After hiring us, we were able to show that the most he should be charged with was an Endangerment. Ultimately the prosecutor agreed and the case was plead down to a Class 6 Undesignated Endangerment, which turned into a Misdemeanor after Mr. B. successfully completed one year of probation.

State v. Ms. K. (Maricopa County Superior Court No. 98-095353CR): Ms. K. brought her 10 week old infant into the hospital where doctors discovered he had from 5 broken ribs, a fractured femur, and fractures to each wrist, all approximately 1 week old. Ms. K. was initially the suspect, and was charged with very serious charges and facing years in prison. Ms. K. denied ever hurting her child, and we were able to show that the injuries were most likely caused by the baby’s father (who was not married to Ms. K.). Because the baby had been crying for days prior to her bringing him into the hospital, we were able to get the charges reduced to a low level child abuse for failure to seek immediate medical attention. Ms. K. was sentenced to probation with zero days jail. After she completed probation, the charge was designated as a Misdemeanor.

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