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Category Archives: 60-62 Felony Disorderly Conduct/Threats Victories

DISORDERLY CONDUCT with a WEAPON (gun) DISMISSED – State v. Mr. W. (DMC No. 7363) (Maricopa/Stanfield Justice Court CR2007-190): Mr. W. was bi-polar and having a manic episode when police were called to the Table Top RV Park. He was in an argument with his partner, when his partner saw Mr. W. going to get his 9mm weapon. His partner attacked Mr. W., and they fought over a 9mm hand gun and an AK 47. Various doors inside of the RV were damaged. We were able to show the Prosecutor that Mr. W. never actually handled a weapon nor threatened anyone. In addition, the alleged victim was no longer being cooperative. All charges were dismissed against Mr. W.

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.

NOT CHARGED/DISMISSED | AGGRAVATED ASSAULT with a GUN (dangerous) NOT CHARGED/DISORDERLY CONDUCT with a GUN (dangerous) DISMISSED – State v. Mr. H. (DMC No. 6699) (Maricopa County Superior Court CR2006-030697): Mr. H.’s wife went to the police station and stated that 3 days earlier her husband had threatened her with a gun, demanding to know who had been texting her on her phone. When police went to question Mr. H., he denied that he pointed the gun at her, and instead that he pointed it at himself and threatened to commit suicide. He was arrested for Aggravated Assault (Dangerous) with a gun. We convinced the Prosecutors charging bureau to only charge Mr. H. with the lesser of Disorderly Conduct (Dangerous) with a gun. During the pendency of the case, we presented evidence that Ms. H.’s story kept changing, and in addition, she no longer desired prosecution. Due to various other issues, the State moved to dismiss all charges in full. Originally, Mr. H. was facing 5 to 15 years for the Aggravated Assault, and 1 ½ to 3 years for the Disorderly Conduct (Dangerous). He now has nothing on his record.

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. 

NOT CHARGED | DISORDERLY CONDUCT with a GUN (dangerous)/DISCHARGE of a FIREARM (Shannon’s Law) NOT CHARGED – State v. Ms. H.  (DMC No. 6769) (Gilbert Police Department DR05-000011264): Ms. H. suffered from alcohol and substance abuse addiction, and had drunk and taken prescription medication before he had gone to sleep.  At some time in the night, he woke up and fired shots through the wall of his bedroom.  His roommate called police and they found Mr. H. in a stuporous state, passed out in the bedroom.  After he was arrested, the police routed the case to the County Attorney’s Office to charge him with disorderly conduct “dangerous” and discharge of a weapon under Shannon’s Law.  He was facing potentially up to 3 years in prison under each charge.  We were able to convince the Prosecutor not to file charges due to the fact that Mr. H. had subsequently successfully completed substance abuse treatment and counseling.

DISMISSED | DISORDERLY CONDUCT with a KNIFE (dangerous)/CRIMINAL DAMAGE DISMISSED – State v. Mr. M. (DMC No. 10163) (Maricopa County Juvenile Court JV556331): Mr. M. was prescribed medications for depression, and when he was told his mother would not take him to the pet store to buy him a snake, he went into a rage.  He broke tiles on the kitchen counter, and grabbed a knife and threatened those in his household.  We were able to produce medical records showing that Mr. M. had multiple mental health issues, and we put together a management plan regarding his strategies for managing anger.  Because of that, we convinced the Prosecutor to dismiss all charges. If Mr. M. were charged as an adult, he would have faced up to 3 years in prison.

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.

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