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Category Archives: 91 Criminal Damage Reduced

REDUCED (ALL) | THEFT ($160, 000)/BURGLARY (with prior) and CRIMINAL DAMAGE all REDUCED from 7 YEAR PRISON offer to 2.5 YEARS “soft” – State v. Mr. P. (DMC No. 5012) (Coconino County Superior Court CR04-0292): Mr. P. was accused of breaking into numerous County buildings along with several co-defendants and stealing $160,000 worth of computer equipment and other property.  Because he had a prior conviction, he was facing decades in prison.  With his previous attorney, he was being asked to plead to 7 years in prison.  When we took over the case, we were able to demonstrate mitigating factors (along with flaws in the case), and secure a 2.5 year “soft” offer.  Mr. P. only served 22 months in custody.

 

REDUCED | 3 COUNTS of AGGRAVATED ASSAULT/1 COUNT of CRIMINAL DAMAGE and 1 COUNT DISORDERLY CONDUCT (dangerous) REDUCED to class 6 open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Ms. H. (DMC No. 6046) (Maricopa County Superior Court CR2005-136932): Ms. H. had become involved in an argument with her boyfriend, when she left and went to a bar to drink. When she came back, she was speeding through the neighborhood and sped into the driveway and smashed into the back of her boyfriend’s car. He was present and had to run into the garage to avoid being struck. When police arrived, Ms. H. fought with 3 officers while being taken into custody. We were able to show through mitigation that Ms. H. had an alcohol issue, and that her boyfriend did not wish to be a “victim”. The Prosecutor extended a probation offer, and then we convinced the Judge to impose zero days in jail. The case was later moved to a misdemeanor at the completion of probation. Ms. H. has no felony on her record.

REDUCED | 3 COUNTS of AGGRAVATED ASSAULT with a GUN, KNIFE and CAR (dangerous)/CRIMINAL DAMAGE REDUCED to PROBATION with 6 MONTHS in JAIL – State v. Mr. R. (DMC No. 5625) (Maricopa County Superior Court CR2005-100113): Mr. R. came to a Circle K where he ran into the alleged victim that he had been having problems with for the past 8 years. As they got into the argument, Mr. R. pulled out a knife and threatened the alleged victim. He then got back into his car and the victim’s girlfriend got out and began banging on Mr. R.’s car. When Mr. R. left, he ended up sideswiping the alleged victim’s car. When they chased after him, they spun him around in his car and blew both of his tires. Mr. R. then jumped out of his vehicle with a gun and stated “I will kill you both”. Mr. R. was subsequently charged with Aggravated Assault Dangerous with a knife, car and gun. He was also charged with felony “Criminal Damage”. We were able to demonstrate self-defense, and have the case reduced down to a single count of Aggravated Assault with probation and 6 months in jail. Mr. R. was originally facing 5 to 15 years in prison on each Aggravated Assault count.

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.

 

REDUCED TO MISDEMEANOR | Felony Criminal Damage, State v. Mr. D. (Maricopa County Juvenile Court): Mr. D. was charged with felony criminal damage and felony disorderly conduct arising from a family altercation. Mr. D. came in past his curfew, and his mother’s boyfriend (who had been drinking) got into an argument with Mr. D. Mr. D. then locked himself in a room and the mother’s boyfriend pried the door open and poured soda over his head and body. Mr. D. then became very upset, damaged the walls, pool table, and the windshield of his mother’s car. We were able to convince the prosecutor he was operating under self-defense and duress, in addition to being provoked. They agreed, and reduced his charges to a misdemeanor disorderly conduct with no days in jail.

REDUCED | BURGLARY AND AGGRAVATED CRIMINAL DAMAGE – State vs. Mr. S. (DMC No. 9983) (Maricopa County Superior Court No. 2007-133818-002): Mr. S. was an 18 year old high school student who went with several of his friends to a local junior high.  They took several golf carts and drove them around the school and crashed them into walls.  They also utilized fire extinguishers to engage in other acts of Criminal Damage.  Although Mr. S. was originally charged with class 4 Burglary and class 5 Aggravated Criminal Damage, we were able to convince the prosecutor to mitigate the punishment down to a class 6 undesignated felony for Possession of Burglary Tools.  He was given 12 months probation, and after he paid restitution and completed probation, his charge became a misdemeanor.  He has no felony record and did not spend any time in jail.

REDUCED | DUI (Tempe City Court No.: 03-651009-2CR): Mr. H. was stopped for allegedly traveling 55 in a 40, and tail gating the vehicle in the front of him. He was under 21 years of age, performed poorly on field sobriety tests and a marijuana pipe was found in his glove box. He subsequently provided a breath sample which was above the legal limit; however he is still under 21 years of age. Due to the facts of the case, we were able to negotiate a plea to a reckless driving with zero days in jail.

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