REDUCED | DISORDERLY CONDUCT with a GUN (dangerous) REDUCED to a MISDEMEANOR with PROBATION and ZERO DAYS in JAIL – State v. Mr. N. (DMC No. 6549) (Maricopa County Superior Court CR2006-116296): Mr. N. got into an altercation with another vehicle. As he passed the other vehicle, the other driver yelled out profanities. Mr. N. then exchanged verbal profanities and drove off. While this all occurred, Mr. N. had his cell phone in a black case in his hand. The other driver called in and said that Mr. N. had displayed a weapon. When police contacted Mr. N. at his house, they arrested him for “Disorderly Conduct” (Dangerous) with a gun because he did own a gun-there was a clip (not a gun) in his glove box of his car. We were able to show the Prosecutor it was there because he had gone shooting several weeks prior, and that the other driver was mistaken about the cell phone/gun. Eventually, the Prosecutor agreed to reduce the charge to a simple misdemeanor for “Disorderly Conduct” involving the verbal exchange, and reduced it to probation with zero day’s jail. Originally Mr. N. was facing 1 ½ to 3 years of prison.
DISORDERLY CONDUCT with a GUN (dangerous) REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. J. (DMC No. 6106) (Maricopa County Superior Court CR2005-136487): Police were called to Mr. J.’s residence regarding shots fired. When they arrived, Mr. J. and his wife both denied any shots being fired, and he stated that he had been asleep in his bedroom after drinking 16 beers. When the victim was contacted, he claimed that he heard 4 shots, and then went and looked in the yard and saw Mr. J. fire off another 7 to 10 shots into the air. When Mr. J. was re-questioned, he admitted that he was firing off shots to scare off a vehicle that had committed drive-by shootings in his neighborhood in the past. Mr. J. was facing 1 ½ to 3 years in prison for “Disorderly Conduct (Dangerous)”, however, we were able to convince the Prosecutor to offer a probation deal. We then showed the Judge that Mr. J. had engaged in alcohol treatment and counseling, and he imposed zero days in jail.
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.
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.
REDUCED | DISORDERLY CONDUCT with a GUN (dangerous)/DISCHARGE of a FIREARM (Shannon’s Law) REDUCED to a MISDEMEANOR with ZERO DAYS JAIL – State v. Mr. F. (DMC No. 4655) (Maricopa County Superior Court CR2004-016563): Mr. F. had gone shooting with friends earlier in the day, and when he got back to his residence he decided he did not want to have a loaded weapon with him. He fired 11 shots into a tree and neighbors called police. We were able to show that nobody was placed in danger, and convinced the Prosecutor to reduce charges to a simple misdemeanor with zero days in jail and 6 months of unsupervised probation. He was originally facing up to 6 years in prison if convicted on both felonies.
REDUCED | DISORDERLY CONDUCT (dangerous)/UNLAWFUL IMPRISONMENT REDUCED to MISDEMEANOR DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. S. (DMC No. 10250) (Maricopa County Superior Court CR2011-142882): Mr. S. and his wife had separated, and he was helping her move into a new apartment. They drank heavily at happy hour, and when they went to her new apartment and began to argue. After he left, she called police and stated that he hit her on the back of the head with a 5 pound dumbbell, held her down and wouldn’t let her leave. We convinced the Prosecutor that the evidence didn’t line up with Ms. S.’s story. The disorderly conduct dangerous and unlawful imprisonment was reduced to a simple misdemeanor “disorderly conduct”, with zero days in jail. Mr. S. was originally facing 1 ½ to 3 years in prison on the disorderly conduct dangerous charge alone.
DISORDERLY CONDUCT with GUN (dangerous)/RESISTING ARREST REDUCED to PROBATION with 1 YEAR in JAIL – State v. Mr. V. (DMC No. 10271) (Maricopa County Superior Court CR2011-119677): Mr. V. was depressed and suicidal, and had taken several anti-depressants. He called 911 and informed them he had a shotgun and was going to kill himself. When police arrived, he discharged the shotgun up in the air and just passed his own head towards the back. He was tasered and shot with rubber bullets before being taken into custody. Originally he was facing a minimum of 2.25 years in prison because of police being listed as victims. We were able to reduce his case to probation, and jail with work release, which enabled Mr. V. to go to work and keep paying his mortgage for his family.
REDUCED | FELONY DISORDERLY CONDUCT with a GUN (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR DISORDERLY CONDUCT with 60 DAYS JAIL DEFERRED– State v. Mr. P. (DMC No. 4845) (Maricopa County Superior Court CR2004-124472): Mr. P. and his wife had been in a bar, when he was dropped off at home while she went to run an errand with her 5 year old. When she got back, 6 shots had been fired from a gun inside the house, and Mr. P. was passed out. The police arrived and charged Mr. P. with felony disorderly conduct dangerous, which carries a prison range of 1 ½ to 3 years in prison. We were able to argue that nobody else’s peace was disturbed and the police were only called after the fact. We were able to have the case reduced to a class 6 open disorderly conduct with 60 days of deferred jail. Upon successful completion of probation, Mr. P. did not have to do any jail and his conviction became a mere misdemeanor. He has no felony on his record.
State v. Mr. R. (CR2006-174334-001): Mr. R. was in a dispute with his neighbor who was harassing his live-in girlfriend. The girlfriend was subsequently grabbed by the neighbor, and several days later Mr. R. went over to discuss this issue with the neighbor. At that time, Mr. R. had a gun which he had pulled out of his holster and displayed. He originally was facing 1 ½ to 3 years in prison. After thoroughly investigating the case and raising doubt as to the alleged victim’s credibility (specifically through emails we had discovered), we were able to get the case reduced to probation with no jail.
Disorderly Conduct with a Gun, State v. Ms. S. (Maricopa County Superior Court No. 2003-020930CR): Police were called when a neighbor complained that Ms. S. had fired a gun at the neighbor’s dog. An independent witness indicated he saw the dog approach Ms. S. and was barking at her when she fired the gun. Because Ms. S. and the neighbor were having disputes over a common wall (which had not been built), the police felt she was attempting to threaten the neighbor. Mr. S. was arrested and charged with Disorderly Conduct with a Gun, and was facing 1.5 to 3 years in prison. We were able to get the charge reduced to a class 6 undesignated offense which included probation and 3 months in jail. Ms. S. successfully completed probation and her conviction was then reduced to a misdemeanor.