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Category Archives: 14 Vehicular Aggravated Assault Reduced

State v. Mr. B (DMC No. 14374) – Felony Aggravated Assault Dangerous (Car v. Police Officer) and Misdemeanor Obstructing Governmental Operations – Reduced to Attempted Aggravated Assault with Probation and 90 Days in Jail – Maricopa County Superior Court (Case No. CR2016-146209).

Mr. B was a 67-year old man who had an anxiety disorder. He had gone to Fry’s in order to pick up a prescription for his medication and some groceries. An hour later when he left the Fry’s store, he got into his vehicle and drove towards the exit, where he saw an Officer parked diagonally blocking the entrance to the street. The officer was there working on a different case/arrest.

As Mr. B approached the Officer, he asked the Officer to move his car and the Officer said no. The Officer claimed that Mr. B was screaming at him. The officer then stated that Mr. B got into his car and slowly drove at him and then accelerated rapidly. The Officer claimed he jumped to the side and pulled out his firearm, at which point Mr. B stopped his car. He then came up to Mr. B and holstered his weapon and asked for Mr. B’s license. Per the Officer, Mr. B then put his car in reverse and attempted to flee again. Mr. B was stopped by other Officers in the parking lot and he refused to get out of the vehicle. He was then forcibly removed and arrested for Felony Aggravated Assault Dangerous on a Police Officer and Misdemeanor of Obstructing Governmental Operations.

Once we became involved, we retrieved all of Mr. B’s medical records in order to present them as mitigation to the Prosecutor. In addition, we interviewed all of the other Officers involved, and the stories were not matching up. We also presented evidence of his military service in Vietnam and his long-term employment with the United States Postal Service. Mr. B had also performed numerous prior good acts of community support, he had strong family contributions and responsibilities, he lacked prior bad acts, he had good character reputation, he was filled with remorse, and he behaved admirably during his pretrial phase.

The Prosecutor ultimately agreed to a plea of Attempted Aggravated Assault with a 90-day jail sentence. At Sentencing, the Prosecutor wanted 3 years of Probation, and the victim/Police Officer wanted 90 days of flat jail time. The Judge ultimately only imposed 2 years of Probation and allowed the 90 days to be served in the infirmary due to Mr. B’s health conditions. Originally, Mr. B was facing 10.5 to 21 years in prison  if he were to be convicted on the Aggravated Assault Dangerous on a Police Officer.

Mr. L had been suffering from stress-related depression and other mental illness issues. He was in a volatile relationship with his girlfriend and they had often argued. After one of their nights of arguing, he called the next morning and told her that she better come over to his house or he was going to choke her. He then called back again and told her he was going to cut himself and start bleeding if she didn’t come over. Finally, he called back and said he was going to come and find her and choke her.

His girlfriend decided to leave home and drive to work, and while on the way she recognized Mr. L’s vehicle pull up behind her. Eventually his vehicle got in front of her and he swerved at her trying to strike her. He did hit her car and both vehicles ended up falling down a ravine on the side of the road. He then left his vehicle and began choking his girlfriend for approximately 30 seconds until other witnesses ran up and stopped the incident. He was ultimately charged with Attempted 1st Degree Murder and Vehicular Aggravated Assault Dangerous.

After we became involved with the case, we gathered up all the medical records regarding Mr. L’s mental illness. We also had a neuro-psychological evaluation conducted to show that he had ongoing issues which could be successfully treated. After all interviews were completed, a Deviation letter was prepared and sent to Prosecution. Speaking with the Prosecutor, we got him to agree to drop the case down to a Class 6 Undesignated Felony for Endangerment and a Class 6 Undesignated Felony for Aggravated Assault. At sentencing, the Judge only gave two years of probation and did not order any jail time. Initially, Mr. L was facing decades in prison.

VEHICULAR AGGRAVATED ASSAULT DANGEROUS REDUCED to MISDEMEANOR HIT and RUN/ENDANGERMENT with ZERO DAYS in JAIL – State v. Ms. A. (DMC No. 11074) (Maricopa County Superior Court PF2012-144449001/Phoenix City Court 4583866): Ms. A. was accused of being in a rear end accident at 27th Avenue and Thunderbird.  When both parties got out of the car, one of the alleged victims called Ms. A. “crazy”.  Ms. A. was then accused of getting into her car, making a u-turn and speeding directly towards the other two people who were in the accident.  They dove out of the way, then began following Ms. A. and called police.  When Ms. A. was ultimately pulled over, she was charged with Aggravated Assault Dangerous (which carries 5 to 15 years in prison) and Hit and Run.  We were able to convince the Prosecutors Office to dismiss the felony charges and route the case as only a misdemeanor down to the City of Phoenix Prosecutor’s Office.  She was ultimately plead to a simple misdemeanor Hit and Run and Endangerment, which included zero days in jail.

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 | 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.

 

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.

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.

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.

REDUCED | Vehicular Aggravated Assault, State v. Ms. P. (DMC No. 7150) (Maricopa County Superior Court No. CR2007-006244): Ms. P. was involved in a traffic accident which resulted in 3 Counts of Aggravated Assault Dangerous, and 2 Counts of Endangerment Dangerous. One victim had a broken back, and another victim was ejected from her car, suffering vertebrae injuries. The victim’s vehicle appeared to have been speeding and may have cut off Mr. P. Because Ms. P. had been drinking alcohol, the police drew blood which resulted in a .095 BAC. She was subsequently charged with numerous charges which could have resulted in over 50 years in prison. Even though the initial offers started at 5 years in prison and came down to 2.5 years, we were able to conduct a Settlement Conference and ultimately secured an offer of probation with 6 months of jail with work furlough.

REDUCED to Misdemeanor DUI – Vehicular Aggravated Assault, State v. Mr. W. (DMC No. 7248) (Maricopa County Superior Court No. CR2007-131438): Mr. W. was involved in a traffic accident in which several people were injured. One of the people required staples to be put into his head. Mr. W. had a .19 blood alcohol reading, along with cocaine, marijuana and narcotics in this system. Because of the injuries to the victim, he was facing a potential 5 to 15 years in prison. He was also facing a potential felony DUI because his license was suspended. We were able to exploit various weaknesses of the case and get it plead to a misdemeanor DUI with 1 day in jail.

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