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Category Archives: 55 Felony Aggravated Assault Reduced

REDUCED | VEHICULAR AGGRAVATED ASSAULT (.402 BAC) REDUCED to probation and 6 months in jail – State v. Ms. S. (DMC No. 4627) (Maricopa County Superior Court CR2002-097523): Ms. S. rear-ended a vehicle that was stopped at a red light while she was travelling 45 MPH.  The victim suffered a spine fracture as well as multiple lacerations to his body.  Ms. S. subsequently provided blood at the hospital which revealed a .402 blood alcohol.  She was originally charged with an AGGRAVATED ASSAULT DANGEROUS which subjected her to potentially 5 to 15 years of prison minimum.  We were able to convince the prosecutor to reduce it to a non-dangerous offense with probation and a stipulated 6 months in jail.  Ms. S. had gone through rehab and did not drink anymore.  She was allowed to serve her 6 months in jail in Flagstaff at the Coconino County Jail (where the weather is much cooler).

NOT CHARGED/REDUCED | VEHICULAR 2ND DEGREE MURDER NOT CHARGED/MANSLAUGHTER and AGGRAVATED ASSAULT (dangerous) REDUCED to NEGLIGENT HOMICIDE (non dangerous) with 1 YEAR in PRISON (7 months of actual time) – State v. Mr. F. (DMC No. 11880) (Maricopa County Superior Court CR2011-007282): Mr. F. was travelling on the southbound 101 in Scottsdale when another vehicle engaged an SUV in “road rage” in front of him. The original vehicle slammed on its brakes, causing Mr. F. to swerve to the right, striking the SUV. The SUV flipped and the driver subsequently died at the scene. The original vehicle took off and was designated a “phantom vehicle” by Mr. F. and several witnesses. During the course of the investigation, Mr. F. was discovered to have marijuana and a pipe on his possession. He admitted to smoking marijuana hours earlier. Blood was drawn which was revealed the presence both “active” and “inactive” marijuana metabolites. We submitted various documentation to the County Attorney’s Office and Attorney General’s Office before the case went to Grand Jury. They were originally seeking 2nd Degree Murder charges, but the Grand Jury only returned charges based on Manslaughter. During the course of vigorously defending the case, we had the County Attorney’s Office removed for “conflict”, and the Attorney General’s Office took over the case. We eventually negotiated a reduced plea to Negligent Homicide (Non Dangerous), with a stipulated 1 year in DOC. The actual amount time that Mr. F. will spend in prison is only 7 months. He was originally facing a potential 10 to 22 years on the 2nd Degree Murder and 7 to 21 years on the Manslaughter.

REDUCED/NOT CHARGED | FELONY AGGRAVATED DUI (.267 BAC with child in car) REDUCED to a misdemeanor DUI with 1 day in jail/ASSAULT NOT CHARGED – State v. Mr. C. (DMC No. 10795) (Maricopa County Superior Court CR2012-10795):  Mr. C. had been having problems with high school kids parking their cars and drinking and partying at the bottom of his drive way which overlooked the City from a mountain view.  When returning from dinner with his wife and children in the car, he arrived at his driveway and got into a physical altercation with one of the teenagers.  After a DUI investigation ensued, he provided a blood sample of .237 BAC.  We were able to convince the prosecutor to not charge him with the assault on a juvenile.  However, he was charged with AGGRAVATED DUI with child in car and faced up to 2 years in prison.  We were able to get the charge reduced down to a misdemeanor REGULAR DUI with only 1 day in jail (versus the SUPER EXTREME DUI penalty of 45 days in jail).  Mr. C. has no felony on his record.

REDUCED | ARMED ROBBERY with a GUN (dangerous)/AGGRAVATED ASSAULT with a GUN (dangerous) REDUCED to PROBATION with 1 YEAR of JAIL and WORK FURLOUGH RELEASE – State v. Ms. H. (DMC No. 6196) (Maricopa County Superior Court CR2005-005735): Mr. H. was with several friends when he was driving down the road and saw the alleged victim in front of him in his car. He stated “there’s the guy that owes me money”, and he began tail gating the victim. His other friend was in another car, and they cut the victim off and stopped his vehicle in the roadway. Mr. H.’s friends then got out with a silver handgun and shotgun and demanded the money that he was owed. Police saw this, and a high speed chase ensued, and all were taken into custody. Mr. H. was facing a minimum of 10 years in prison, and a possible maximum of over 30 years. We were able to show through mitigation that he deserved a probation offer. Attached to that offer was 1 year of jail, with “work furlough” which allowed Mr. H. to complete school. The co-defendants were not as fortunate.

REDUCED | AGGRAVATED ASSAULT with a gun (dangerous) DISORDERLY CONDUCT with a gun (dangerous) REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. L. (DMC No. 6201) (Maricopa County Superior Court CR2005-116467): Mr. L.’s girlfriend had come home to their apartment, when her female roommate and two other males were in there smoking and drinking. They locked her out of the apartment, and she became upset and called Mr. L. When Mr. L. arrived, they both came in through the back way, and a fight ensued between Mr. L. and the two males. Police were called when it was claimed that Mr. L. pulled out a gun and pointed it at them. He was facing 5 to 15 years in prison on the Aggravated Assault, and 1 ½ to 3 years in prison on the Disorderly Conduct. However, we were able to get everything reduced to a simple “Disorderly Conduct” (non-dangerous) with probation and zero days in jail.

AGGRAVATED ASSAULT REDUCED to ENDANGERMENT class 6 open/Misdemeanor – State v. Ms. Y. (DMC No. 6088) (Maricopa County Superior Court CR2005-123734): Ms. Y. had a tumultuous relationship with her husband. He had various mental issues, and he had told her that he had molested their children. She became enraged and assaulted him with a vodka bottle. He eventually was taken to the psychiatric ward. Originally, Ms. Y. was going to be charged with Aggravated Assault with a Dangerous Weapon, but the victim refused to cooperate. As their divorce proceedings went forward, he said he would cooperate, and she was charged with Aggravated Assault. Due to his mental issues (even though Ms. Y. confessed to police), we were able to reduce the case to a mere “Endangerment” with probation. The Judge gave her 2 months in jail, but later on reduced the case to a misdemeanor once she completed her probation. She had no felony on her record.

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.

AGGRAVATED ASSAULT with a GUN (dangerous)/POSSESSION of DANGEROUS DRUGS (meth/coke) and MISCONDUCT INVOLVING WEAPON REDUCED to ATTEMPT with 1.5 YEARS in PRISON – State v. Mr. I. (DMC No. 5655) (Maricopa County Superior Court CR2005-109265): In the first incident, Mr. I. swerved at an elderly gentleman, then got out and got into an argument with him. He pulled his gun on the man, and told him to quit trying to “stare him down”. In the second incident Mr. I. was pulled over by police while high on cocaine and meth, and his vehicle was subsequently searched in which both drugs and a gun were found. We were able to combine both of these cases into a single count of “Attempt”, which included a 1.5 year prison sentence. Mr. I. already served 6 months in jail during the pendency of his case, and he was given credit for that time. Before we entered into the plea, Mr. I. was facing a 5 to 15 year sentence on the Aggravated Assault charge alone.

REDUCED | AGGRAVATED ASSAULT with a KNIFE (DANGEROUS CRIME AGAINST CHILDREN) REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 6123) (Maricopa County Superior Court CR2005-048833): Mr. B. had been drinking at a local bar with his wife before they were walking home. She was in front of him about 100 feet, when a 14 year old juvenile jumped in front of his wife while goofing around with a friend. His wife became startled and jumped into the street and was almost struck by a car. Mr. B. ran up with a knife and threatened the juvenile’s for “jumping out of the shadows to scare my wife”. He was subsequently charged with Aggravated Assault with a Knife, a Dangerous Crime Against Children, and was facing a minimum of 10 plus year in prison. We were able to convince the Prosecutor to reduce the crime to probation, and we convince the Judge to impose zero days in jail.

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.

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