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Category Archives: 56 Felony Aggravated Assault Pre-Charge Victories

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (.119 BAC) NOT CHARGED – State v. Mr. B. (DMC No. 10395) (DPS investigated): Mr. B. was originally in a bad DUI accident in which his breath alcohol was a .119.  The other person who was injured went to the hospital and subsequently filed a civil law suit.  During the course of the law suit, the victim’s attorney contacted us and had stated that the victim had undergone 6 surgeries and almost lost his arm.  Due to the nature of the injuries, we became involved in order to ensure the that County Attorney’s Office would not pick up the case and file AGGRAVATED ASSAULT charges, which would expose Mr. B. to 5 to 15 years of prison.  We were ultimately successful in keeping the case a civil matter, and no charges were brought against Mr. B.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – State v. Mr. Z. (DMC No. 10718) (Scottsdale PD investigated): Mr. Z. was at a Christmas party, when another individual noticed Mr. Z.’s BMW M3.  That other individual asked to go for a ride in the vehicle, and they both left.  Each of them took turns driving the car, and both had been drinking.  Subsequently, the vehicle was involved in a wreck in which both parties were knocked unconscious and went to the hospital and had no memory of who was driving.  Eventually, the other party claimed Mr. Z. was driving and filed a law suit in order to collect insurance money.  We were able to convince the police that they could not accurately place Mr. Z. behind the wheel, and no charges were brought.  He was originally facing 5 to 15 years in prison.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Mesa, Arizona (DMC No. 7079): Mr. M. was involved in a motor vehicle accident in which the other drivers sustained numerous life-threatening injuries. When police arrived, Mr. M. and a second person in his car were standing outside. Although Mr. M. admitted to driving, it was found that the other person standing by the car was also impaired. There was some question by the witnesses as to who the actual driver was. Mr. M. subsequently provided a blood test which revealed a .161 BAC. In addition to the question of who the actual driver was, we were also able to question the telephonic search warrant and affidavit the police secured to draw Mr. M.’s blood. We were able to convince the County Attorney not to file any charges. Mr. M. was facing 5 to 15 years in prison.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Peoria, Arizona (DMC No. 7090): Mr. S. was traveling down a roadway in Peoria at approximately 40 mph at 11:00 o’clock at night when he was involved in a head-on collision. He had been drinking alcohol and witnesses claimed he had drifted over the center median. We were able to show that the other driver had misdemeanor warrants and a suspended license. Combined with questions involving the actual accident scene, we were able to convince the Maricopa County Attorney’s Office not to press charges. Mr. S. would have been facing 5 to 15 years in prison.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT/HIT & RUN – State v. Mr. D.: Mr. D. was involved in a traffic accident in which the victim sustained a broken wrist. Due to identification problems, we were able to negotiate a civil settlement, and the State agreed to not file charges.

NOT CHARGED | CHILD ABUSE – Ms. I. worked in a group home for children with behavioral problems. A 13 year old boy (who was 5 foot 7 and weighed 180 pounds) claimed that he was physically assaulted by Ms. I., who was much smaller. We were able to meet with C.P.S. and detectives, and it was agreed that this case was “unsubstantiated.” Charges were not filed against Ms. I. and she was allowed to keep her caretaker’s license.

NOT CHARGED | AGGRAVATED ASSAULT – Mr. N. was accused of getting into a fight with another individual and using brass knuckles. The other person incurred approximately $26,000.00 in medical bills. We were able to negotiate a civil settlement with the victim, and the police agreed not to pursue charges. This prevented Mr. N. from facing 5 to 15 years in prison.

NOT CHARGED | AGGRAVATED ASSAULT / BURGLARY – Mr. P. was a security guard at a local apartment complex and was called to respond to a complaint of loud noise. When he arrived, one of the people at the party pointed a BB gun at Mr. P. A fight then ensued, and police officers arrived. While breaking up the fight, one of the officers was struck by Mr. P. We were able to convince the prosecutor not to file charges against Mr. P.

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – Mr. C. was accused of driving drunk and going through a stop sign, thereby striking an individual and breaking his collar bone. Detectives had hospital workers hold down Mr. C. in order to obtain blood. There was no proper warrant and we were able to suppress the blood reading. Because no blood would be coming into evidence, the prosecutor did not file charges.

NOT CHARGED | AGGRAVATED ASSAULT – Mr. B. was accused of being intoxicated at a local nightclub. When he was contacted by bouncers, a fight ensued. Mr. B. was accused of breaking the bouncer’s jaw. We were able to show that the bouncers had actually attacked our client, and one of them had tripped and fallen, injuring himself. Witnesses did not verify the bouncer’s story, and we were able to get the detectives and prosecutors to not file any charges.

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