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Category Archives: 55 Felony Aggravated Assault Reduced

2 COUNTS of AGGRAVATED ASSAULT DANGEROUS (Stabbed Victim twice with Knife), and 1 COUNT of LEADING a CRIMINAL STREET GANG REDUCED to ASSISTING a CRIMINAL STREET GANG with PROBATION and ZERO DAYS in JAIL – State v. Mr. L (DMC No. 8979) (Maricopa County Superior Court CR2008-176703): Mr. L was at a Walgreens store in West Phoenix with a group of friends known to be White Supremacists (i.e. “skin heads”). A verbal altercation began with some other people in the Walgreens that spilled out into the street. The man was surrounded and was eventually stabbed twice by somebody in the group. Mr. L was later arrested (with others) and charged with 2 counts of Aggravated Assault Dangerous and 1 count of Leading a Criminal Street Gang per Arizona revised statute 13-2301.

We were able to show the Prosecutor that Mr. L was not the one that actually stabbed the victim. We also could show that Mr. L was not the leader of the group. One of the other members had numerous convictions for Leading a Criminal Street Gang. We also showed that Mr. L was no longer involved in this type of behavior. The Prosecutor offered a plea to Assisting a Criminal Street Gang, and the Judge sentenced Mr. L to Probation with zero days in jail. The other members of the group were not so lucky.

AGGRAVATED ASSAULT DANGEROUS (with a gun) REDUCED to DISORDERLY CONDUCT with PROBATION and ZERO DAYS in JAIL – State v. Ms. C (DMC No. 5117) (Maricopa County Superior Court CR2004-131678): Mr. C began dating a young woman who had a toddler. The ex-husband came by and began arguing with the woman in in Mr. C’s apartment. When Mr. C came out of the back room, he got into a verbal altercation with the alleged victim. The alleged victim said “you don’t want any of me. I will shoot you”, and then Mr. C went down the hall to retrieve something out of his back pack.

The other gentleman charged Mr. C and tackled him and they began fighting. Mr. C eventually pulled a gun out of the back pack, and ordered the other man out of the house. The other man then called the police and claimed he was a “victim”. We were able to show the police that Mr. C was defending himself when he pulled his weapon. They agreed to reduce the charge to Disorderly Conduct (for fighting) with simple Probation and zero days in jail. Mr. C was originally facing 5 to 15 years in prison.

AGGRAVATED ASSAULT DANGEROUS (Victim Stabbed with a Knife) REDUCED to Class 6 Open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. F (DMC No. 4473) (Maricopa County Superior Court CR2004-036021): Mr. F was a 52 year old man who was with his wife at a local antique mall in Mesa, Arizona. His wife got into an argument with another man, and then Mr. F intervened. A fight broke out and Mr. F pulled out a knife he kept on his belt at all times. He stabbed the other gentleman, and police were called.

Mr. F was charged with Aggravated Assault Dangerous and was facing 5 to 15 years in prison. We were able to explain the situation (specifically, self-defense) and were able to obtain a Class 6 Open/Misdemeanor offer with Probation. At Sentencing, we were able to convince the Judge to impose zero days in jail.

AGGRAVATED ASSAULT DANGEROUS (Victim Shot with Gun) REDUCED TO PROBATION WITH ZERO DAYS IN JAIL – State v. Mr. F (DMC No. 8093) (Maricopa County Superior Court CR2007-135559): Mr. F was at home with several roommates, when one of his roommates had been drinking heavily and began to argue with him. The roommate challenged Mr. F to a fight and then began slapping Mr. F’s face. Mr. F told him to leave him alone. Mr. F went down the hallway and retrieved a Rifle. He was followed by the roommate and was being shoved and pushed.

When the two stood face to face, the roommate grabbed the Rifle and they began struggling over it. The Rifle was discharged and grazed the roommate. Mr. F was subsequently charged with Aggravated Assault Dangerous and was facing 5 to 15 years in prison. Although the Prosecutor argued that Mr. F should have simply left the house, we did have excellent Self-Defense issues. We secured an offer to Probation and the Judge sentenced Mr. F to zero days in jail.

AGGRAVATED ASSAULT DANGEROUS (Victim Cut with Box Cutter) REDUCED to DISORDERLY CONDUCT with PROBATION and ZERO DAYS in JAIL – State v. Ms. M (DMC No. 4868) (Maricopa County Superior Court CR2004-039787): Ms. M and her boyfriend had been arguing all day. When they were engaged in another argument, their 2 month old baby began to cry. The boyfriend went to pick up the baby, and Ms. M told him to leave the baby alone. She then grabbed a box cutter and sliced him in the arm.

We took pictures of Ms. M immediately after her arrest, and it showed numerous bruises on her body. We were also ale to present evidence to the Prosecutor that her boyfriend had pulled her hair, punched her and shoved her numerous times. We also showed them a photo of holes that were kicked in the wall. The Prosecutor agreed to extend an offer to Disorderly Conduct with Probation, and the Judge sentenced Ms. M to zero days or jail.

AGGRAVATED ASSAULT DANGEROUS (Gun Shots, 3 Victims, 1 shot in leg) REDUCED to PROBATION with 3 MONTHS in JAIL – State v. Mr. G (DMC No. 5065) (Maricopa County Superior Court CR2004-123932): Mr. G lived at 54th Avenue and Indian School Road at Phoenix, Arizona and have been constantly taunted by gang member at his apartment complex. After he was challenged to a fight, He left with a friend in his vehicle, and he pointed a gun out of the car and fired 8 or 9 shots at 3 individuals. He struck 1 in the leg and left the scene. He then called 911 and told the Police he was shooting in “Self Defense”.

He was ultimately arrested and charged with Aggravated Assault with a gun (with 3 victims) and could have been facing potentially 15-45 years in prison. Because the 3 he shot at were known gang members with violent criminal histories, we were able to secured an offer to Probation with 3 months of jail.

TERRORISM; AGGRAVATED ASSAULT DANGEROUS (with a knife); KIDNAPPING and MISCONDUCT with WEAPON (gun) all REDUCED to AGGRAVATED ASSAULT (Non Dangerous) and KIDNAPPING with 2.5 YEARS in PRISON – State v. Mr. C (DMC No. 8081) (Maricopa County Superior Court CR2007-030014): This was a high profile case in which the domestic terrorism statute was used for the first time. The Maricopa County Attorney at the time – Andrew Thomas (who is now disbarred) used this charged to gain national media attention. We handled the case, and it was featured on ABC’s Good Morning America.

Mr. C was a high school student who had been going through various depressive episodes and was on medication. One day while walking to school, he grabbed a girl from his class and held a knife to her throat and made threats. He then let her go and went home. When police arrived at his house, he was sitting in his house playing video games and he had a back pack next to him which had a gun.  He had told officers how he had been bullied and how he wanted to go to school and shoot everyone. Andrew Thomas then saw his opportunity to charge this as a Terrorism case against a 15 year old boy. Because Mr. C had committed an Aggravated Assault with a dangerous weapon, he was facing a mandatory minimum of 5 to 15 years in prison on that charge alone. The Kidnapping charge carried additional potential prison. Through numerous Settlement Conferences in which we presented evidence of Mr. C’s psychological state, and with added pressure from the citizens of Arizona, Andrew Thomas lowered his offer from 7.5 years in prison to 2.5 years in prison. With good behavior, Mr. C was out after 23 months. This case is a classic example of how a power hungry prosecutor can misuse the law for his own purposes to further his political career. In the end, Andrew Thomas was disbarred for other instances of his Abuse of Power.

AGGRAVATED ASSAULT (class 4 felony) REDUCED to class 6 open/Misdemeanor designated with PROBATION and 60 DAYS in JAIL – State v. Mr. B. (DMC No. 10671) (Pima County Superior Court CR2012-0933): Mr. B. and his fiancé had both been drinking heavily when they engaged each other in an argument.  Mr. B. was alleged to have choked his fiancé to the point of unconsciousness and struck her in the face which, required medical treatment.  He was ultimately arrested and charged with Aggravated Assault.  We were able to present mitigation into evidence to the Prosecutor in court showing that Mr. B. had been under psychiatric care and had recently attempted suicide.  We also showed them that he was now under medication and in ongoing treatment.  The charge was reduced down to a class 6 “open” which became a misdemeanor at the conclusion of probation.  As part of probation, Mr. B. received 60 days in jail.  He was originally facing up to 3.75 years in prison.

2 COUNTS AGGRAVATED ASSAULT DANGEROUS (shot victim two times) REDUCED to PROBATION with 6 MONTHS of DEFERRED JAIL – State v. Ms. L. (DMC No. 7484) (Maricopa County Superior Court CR2007-120124): Ms. L. and her children’s father were having an argument, when she retrieved a gun and went outside of her residence.  The children’s’ father then came out, and a struggled ensued in which he was shot twice.  Because the baby’s father had a history of domestic violence, and due to the fact that he gave inconsistent statements, we were able to secure an offer from the Prosecutors Office to probation.  We ultimately convinced the judge to defer the 6 months jail term that was imposed, and when Ms. L. successfully completed probation she was not required to do any jail time.  She was originally facing 10 to 30 years in prison if she was convicted on both charges.

VEHICULAR AGGRAVATED ASSAULT DANGEROUS REDUCED to MISDEMEANOR HIT and RUN/ENDANGERMENT with ZERO DAYS in JAIL – State v. Ms. A. (DMC No. 11074) (Maricopa County Superior Court PF2012-144449001/Phoenix City Court 4583866): Ms. A. was accused of being in a rear end accident at 27th Avenue and Thunderbird.  When both parties got out of the car, one of the alleged victims called Ms. A. “crazy”.  Ms. A. was then accused of getting into her car, making a u-turn and speeding directly towards the other two people who were in the accident.  They dove out of the way, then began following Ms. A. and called police.  When Ms. A. was ultimately pulled over, she was charged with Aggravated Assault Dangerous (which carries 5 to 15 years in prison) and Hit and Run.  We were able to convince the Prosecutors Office to dismiss the felony charges and route the case as only a misdemeanor down to the City of Phoenix Prosecutor’s Office.  She was ultimately plead to a simple misdemeanor Hit and Run and Endangerment, which included zero days in jail.

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