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February 19, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. J. (DMC No. 6106)

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.

February 19, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 13-15 Vehicular Aggravated Assault Victories, 15 Vehicular Aggravated Assault Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 92 Criminal Damage Pre-Charge Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 5654)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (dangerous)/CRIMINAL DAMAGE – State v. Ms. M. (DMC No. 5654) (Maricopa County Booking P018038/Goodyear Police Department DR2004-00006748): Ms. M. was an 18 year old female who had psychiatric problems, and she was arguing with her mother and brother. She was taking anti-depressants, and had recently lowered the dose just before the incident. She was threatening to kill herself with a knife and the police were called. As she was leaving in her car, her mother got behind the vehicle and was struck. When the police arrived, they saw various items broken inside the house and they charged Ms. M. with “Criminal Damage” and “Vehicular Aggravated Assault” (dangerous). She was arrested and was facing 5 to 15 years on the Aggravated Assault charge alone. We were able to intervene with Prosecutor and convince them to not move forward with the charges. Ms. M. has no convictions on her record.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 6196)

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.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. L (DMC No. 6201)

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.

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. Ms. Y (DMC No. 6088)

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.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 6046)

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.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. I (DMC No. 5655)

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.

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. B (DMC No. 6123)

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.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 5625)

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.

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.

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