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February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 5795)

AGGRAVATED ASSAULT (5 teeth knocked out) with 3 PRIOR FELONIES REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. C. (DMC No. 5795) (Maricopa County Superior Court CR2005-010008): Mr. C. was at his softball game when things got heated with Mr. C. and the rival pitcher. They ended up getting into a verbal argument and the pitcher bumped Mr. C. in the chest. Mr. C. then punched him in the face and knocked out 5 teeth causing $8,000 in medical bills. Because of his 3 prior felony convictions, this new charge carried a 6 to 15 year prison range with a 10 year presumptive sentence. We raised the issue of self-defense, along with other mitigating factors, and convinced the Prosecutor to extend a probation offer. At sentencing, the Judge imposed zero days in jail.

February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Downtown Justice Court Victories, Justice Court Victories

State v. Ms. J (DMC No. 722)

AGGRAVATED ASSAULT on a Cop/RESISTING ARREST REDUCED to MISDEMEANOR DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Ms. J. (DMC No. 722) (Downtown Justice Court CR97-05265FE): Ms. J. was at a party and had been drinking while on prescription medication, when she ended up getting into a fight with another girl.  She suffered a head injury, and did not recall a lot of what occurred.  Police claimed that when they arrived, she assaulted the officers and was resisting arrest.   We were able to present medical records that she suffered a concussion in the fight, and the State agreed to reduce charges down to a simple misdemeanor with zero days in jail.   She has no felony on her record.

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 5542)

AGGRAVATED ASSAULT on a HOSPITAL EMPLOYEE REDUCED to a MISDEMEANOR with ZERO DAYS JAIL – State v. Ms. H. (DMC No. 5542) (Maricopa County Superior Court CR2005-032474): Ms. H. was at the hospital to be treated for severe depression, when she was kept waiting for 3 to 4 hours.  As she was attempting to leave, a treating nurse told her she could not.  She went to shut the door and the treating nurse put her foot between the door and the door jamb.  Ms. H. tried to push the nurse out of the way, and she was taken into custody and transferred to a psychiatric hospital.  Due to Ms. H. medical history, we were able to convince the Prosecutor to reduce the felony aggravated assault charge down to a simple misdemeanor with zero days in jail.

February 11, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2000 Juvenile Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories

State v. Mr. G (DMC No. 5083)

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.

 

February 6, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Gila County Superior Court Victories

State v. Mr. B (DMC No. 4290)

VEHICULAR AGGRAVATED ASSAULT (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR ENDANGERMENT and EXTREME DUI with 10 DAYS JAIL – State v. Mr. B. (DMC No. 4290) (Gila County Superior Court CR2003-0510): Mr. B. was involved in a collision at the U.S. 60 and 188 Junction. The other driver and his passenger suffered severe whiplash. Mr. B. was subsequently arrested for DUI and provided a .235 BAC. He was charged with “vehicular aggravated assault” and “endangerment” along with extreme DUI. We were able to convince the Prosecutor to reduce the vehicular aggravated assault charges (which carried 5 to 15 years each) down to an endangerment class 6 open. After probation was complete, the endangerment became designated as a misdemeanor. There is no felony on Mr. B.’s record.

February 6, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 63-65 Homicide Victories, 64 Homicide Reduced, 79F Second Degree Murder Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 7863)

REDUCED | 2 COUNTS of SECOND DEGREE MURDER and 1 COUNT of AGGRAVATED ASSAULT DANGEROUS REDUCED to AGGRAVATED ASSAULT NON DANGEROUS with 4.5 YEARS of PRISON – State v. Mr. M. (DMC No. 7863) (Maricopa County Superior Court CR2006-009509): Mr. M. and two other friends were challenging another car to a drag race on the I-17. Mr. M. was in the passenger seat, and when both cars got side to side, Mr. M. hung out of the window with a baseball bat and struck the other car. After he got back into the car as both vehicles were travelling 100 mph, they collided. The other vehicle went off the roadway and two of the three passengers were killed. Mr. M. was subsequently charged with 2 counts of second degree murder and 1 count of aggravated assault dangerous. We were able to convince the Prosecutor, by using an accident reconstruction expert, that Mr. M. was not the causal factor in the crash. In exchange for dismissing both counts of second degree murder and reducing the aggravated assault dangerous to a non dangerous, we secured an open range offer in which Mr. M. was sentenced to 4.5 years in prison. He was originally facing a potential of 59 years in prison.

January 28, 2014
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories

State v. Mr. J (DMC No. 5658)

REDUCED | FELONY AGGRAVATED ASSAULT with a DEADLY WEAPON REDUCED to a MISDEMEANOR with ZERO DAYS JAIL – State v. Mr. J. (DMC No. 5658) (Maricopa County Juvenile Court JV540548): Mr. J. had been being verbally bullied by another high school student.  He eventually tracked down the other student and had landscape stakes in his hand, when he began swinging them at the other student and they engaged in a fight.  Because he had the two metal stakes in his hand, these were considered to be “dangerous weapons”.  We were able to keep the case down to the Juvenile Court level (thereby preventing Mr. J. facing 5 to 15 years in prison), and we ultimately secured a misdemeanor offer with zero days in jail.

January 23, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A (DMC No. 9366)

VEHICULAR AGGRAVATED ASSAULT DANGEROUS (.219 BAC) WRONG WAY COLLISION on LOOP 101 with 2 VEHICLES (Involving Multiple Surgeries)  REDUCED to AGGRAVATED ASSAULT NON DANGEROUS/ENDANGERMENT with PROBATION and 3.5 YEARS in PRISON – State v. Mr. A. (DMC No. 9366) (Maricopa County Superior Court CR2009-007599):  Mr. A. had been drinking heavily and got onto the Loop 101 heading the wrong direction.  He ultimately struck two other vehicles which resulted in three separate individuals being injured.  Two of them required multiple surgeries, and one person had part of their finger amputated.  Although Mr. A. was originally facing 15 to 45 years in prison, we were able to enroll him in a rehab program and have him change his lifestyle.  We also showed the court that Mr. A. had changed the direction of his life and had become a more religious man who had renewed family support.  Ultimately, he was sentenced to only 3.5 years in prison, and was released after 2 years and 7 months with time off for good behavior.  He is now doing very well.

January 10, 2014
Posted on Author By dmcantor Categories 12 Hit and Run Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 4372)

VEHICULAR AGGRAVATED ASSAULT/FATAL HIT AND RUN REDUCED to probation and no actual jail – State v. Mr. P (DMC No. 4372) (Maricopa County Superior Court CR2004-007740): Mr. P. was involved in a car accident with a pedestrian in which he took off.  He immediately contacted our office the next day, and we contacted Detectives in order to find out how badly the individual was hurt, and to make arrangements to turn in Mr. P. for self surrender.  For 4 months Detectives could find no report indicating that there was an accident and that anyone had been struck.  Our office had Mr. P.’s car put into storage and analyzed by experts.  Clearly he had struck another person.  After 4 months, other Detectives had inadvertently categorized the police report under “hit and run” instead of “vehicular homicide”.  When the mistake was realized, the victim’s family was notified, and we struck a deal with the prosecutor to reduce a potential vehicular homicide to an AGGRAVATED ASSAULT charge.  We later presented mitigating information regarding Mr. P. and had the AGGRAVATED ASSAULT DANGEROUS (which subjected him to potentially 5 to 15 years in prison minimum) down to probation with 6 months of “deferred” jail.  At the conclusion of probation, the 6 months jail requirement was waived and Mr. P. did not have to serve any actual jail time.

January 10, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 4729)

REDUCED | VEHICULAR AGGRAVATED ASSAULT REDUCED to disorderly conduct with 30 days in jail – State v. Mr. B. (DMC No. 4729) (Maricopa County Superior Court CR2004-040639): Mr. B. was accused of getting into an argument with a bicyclist.  He was seen driving on the sidewalk with his minivan in an attempt to run down the bicyclist.  He was subsequently arrested and charged with vehicle aggravated assault and faced a minimum 5 to 15 years in prison.  We presented evidence that Mr. B. was never within 10 feet of the alleged victim.  Because of this, we secured an offer to a disorderly conduct.  At sentencing, the judge could have gone up as high as 1 year in jail, but instead he only gave Mr. P. 30 days in jail.

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