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Category Archives: 54 Felony Aggravated Assault Dismissals

State v. Mr. L (DMC No. 15390) – (2 Counts) Felony Armed Robbery (with Gun – $131,000) and (6 Counts) of Felony Aggravated Assault Dangerous – Dismissed – Maricopa County Superior Court (Case No. CR2017-114927).

The victim in this particular case was a member of the Salt River Indian Tribe. Pursuant to the tribal rules, whenever a tribal member turns 21 years old, they receive money that has been held in trust by the tribe, based on casino earnings. In this case, the victim had received $131,000 on his 21st birthday. The next day, while he was with several other individuals in his apartment, his door was kicked in and he was robbed at gunpoint.

The two people who broke in were wearing hoodies and bandanas. At one point, one of the victims called 911 and the phone is taken away from her. Unbeknownst to the robbers, the 911 operator was still on the phone and the Police were on their way. Eventually, one of the victims was shot in the stomach and the robbers fled before they could be caught. An Investigation proceeds and ultimately Mr. L is arrested at gunpoint.

When Mr. L was taken in, he stated he had knowledge of the robbery, but he was not involved. When asked if he looks like his younger brother he responds, “yes.” His younger brother had also been arrested. Once Mr. L was arrested and charged, we became involved in the case.

We were able to show that the guns found at Mr. L’s house did not match the guns that were used in the robbery. In addition, we presented a key alibi witness, who told Detectives Mr. L was nowhere near the scene. Lastly, we interviewed the witness who viewed the photo lineups, and it became apparent that this witness was coached into picking Mr. L out of the lineup. We conducted this interview with the Detective with the Prosecutor present, and then we discussed the filing of a Deserault Motion regarding the lineup being unduly suggestive. Ultimately, the Prosecutor saw all of the weaknesses that she had in her case, and she filed a Motion to Dismiss all charges against Mr. L. Originally, he was facing potentially the rest of his life in prison if he were to be convicted on all counts, and if they were to be run consecutively.

CONVICTION REVERSED PCR (Rule 32) (15 YEAR PRISON SENTENCE)/ FELONY AGGRAVATED ASSAULT (DANGEROUS) RESULTING in BLINDNESS in EYE– State v. Mr. C (DMC No. 7772) (Maricopa County Superior Court No, CR2004-018577): Mr. C was accused of viciously attacking his wife while in an argument and jamming both thumbs into her eyes into an attempt to blind her. He proceeded to Trial and his Trial Attorney argued that the victim had injured herself by falling and striking her face on a towel rack or a bath tub. Mr. C was ultimately convicted and sentenced to 15 years in prison. His mother then hired DM Cantor to file a Post Conviction Relief Petition under Rule 32 of the Arizona Rules of Criminal Procedure.

We showed the Trial Judge that the original Trial Attorney had conducted no interviews. In addition, he had made statements during closing argument that Mr. C “could have probably done that.” We argued that Mr. C’s Trial Attorney was “ineffective” by not interviewing witnesses, and that he also argued for the State and in contradiction to Mr. C’s theory of the case. The Judge agreed, and Reversed Mr. C’s Conviction in its entirety.

AGGRAVATED ASSAULT DANGEROUS (with a gun) DISMISSED – State v. Mr. P (DMC No. 9572) (Maricopa County Superior Court CR2009-158764): Mr. P was driving down the road in the area of 99th Avenue and Bell, when he was cut off by another vehicle. The two engaged in a “road rage” style of driving, and Mr. P flipped off the other vehicle’s driver. Eventually Mr. P pulled out his cell phone and held it up to get a video of the other driver’s plate. He then threw his phone on the dashboard and continued home.

When Police contacted him, they claimed that the other people said he had pulled a gun, pointed it at them and put it on his dashboard. Because Mr. P did have a gun in his vehicle (under the seat), the Police did not believe his story regarding a cell phone, and he was arrested and charged. He was originally facing 5 to 15 years in prison, but we were able to convince the Prosecutor that due to all the witness interview discrepancies, the case should be Dismissed. It was Dismissed in full.

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.

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.

AGGRAVATED ASSAULT (broken arm/ surgery) DISMISSED – State v. Mr. M. (DMC No. 6328) (Maricopa County Superior Court CR2006-00677): Mr. M. was a security guard at Club Palazzo and when he was informed that there was a man that was intoxicated on the dance floor causing problems. He and other bouncers escorted the alleged victim outside of the bar. The alleged victim then fell down, and broke his arm. He had stated that it was a “large white bouncer” who had thrown him to the ground, however, Mr. M. was large and Hispanic. We also had Mr. M. take, and pass a polygraph test. All evidence was presented to the Prosecution, and they agreed to dismiss all charges. Mr. M. was originally facing prison time, and now he has no convictions on his record.

DISMISSED | AGGRAVATED ASSAULT DANGEROUS (with a gun)– State v. Mr. H. (DMC No. 5082) (Maricopa County Superior Court CR2004-127583): Mr. H. had called a tow truck because his car had broken down. The tow truck driver arrived, and Mr. H. told him he did not need his services anymore because his friend was coming. The tow truck driver told him he would still have to pay a service fee and Mr. H. said “no”. The tow truck driver then went back to his truck and retrieved a large Mag-lite flashlight and wheeled it like a Billy club. Mr. H. then pulled his gun and told the man to stand back. The police were called and the tow truck driver neglected to mention anything about requesting a service fee charge. Even though Mr. H. was arrested and charged with Aggravated Assault, Dangerous (with a gun) which exposed him to 5 to 15 years in prison, we were able to show the Prosecutor that his was a case of self-defense, and all charges were dismissed.

DISMISSED/MOTION GRANTED | AGGRAVATED ASSAULT on a POLICE OFFICER DISMISSED/MOTION to CLEAR ARREST RECORD GRANTED – State v. Mr. D. (DMC No. 10724) (Maricopa County Superior Court CR2012-109505): Officer’s responded to a call of a possible drunk driver, when they saw Mr. B. pull off to the side of the road. He was extremely unbalanced, and was falling to the ground. They attempted to keep him from his car as he kept trying to walk back. They placed him under arrest, and he struggled with the officer’s. Fire personal were called, and he was taken to the hospital, where it was revealed he had a 52 blood sugar level (i.e. very low). This was due to his diabetes. The police still arrested and charged Mr. D. with assaulting a police officer. We presented all medical records, and we were able to get the charges dismissed. In addition, we petitioned to have the arrest cleared from his record. We were successful.

DISMISSED | AGGRAVATED ASSAULT (broken hand/surgery) – State v. Mr. B. (DMC No. 10323) (Maricopa County Superior Court CR2011-154342): Mr. B.’s girlfriend had depression issues and had also engaged in self mutilation. She was being professionally treated when she had an incident in which she carved the word “fat” into her thigh with a pair of scissors. One night, she began drinking and was going to leave, and Mr. B. stopped her by taking her car keys in a struggle. The next day, she went to the doctor and was told her hand was broken. She ultimately had surgery to set the bones for proper healing. After Mr. B. was arrested and charged, we became involved and had him take, and pass a polygraph test. In addition, we presented the Prosecutor mental health records of the alleged victim. All charges were dismissed, and Mr. B. has no criminal record.

AGGRAVATED ASSAULT on a POLICE OFFICER DISMISSED – State v. Ms. E. (DMC No. 4325) (Maricopa County Booking A914876): Ms. E. and her husband were with neighbors outside having a party when the police arrived and told them it was “illegal to drink outside”. They began arguing with the officer’s, and the officers threw down her husband to arrest him. She stepped in and attempted to pull the officers off her husband. She was subsequently arrested and charged with aggravated assault on a police officer. We were able to speak with the charging attorney at the Maricopa County Attorney’s Office, and they agreed all charges should be dismissed.

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