Felony Penal Code section 422 Criminal Threats and Misdemeanor Penal Code section 243(e)(1) Battery Charges Dismissed in the Int

|

Recently at the Torrance Courthouse in the Los Angeles County, I was able to negotiate for a complete dismissal of the felony and misdemeanor charges filed against my client.

When the client hired our office he was charged in Count 1 with a felony violation of Penal Code section 422 Criminal Threats and a misdemeanor Penal Code section 243(e)(1) in Count 2. Our client had a prior “strike” offense and if convicted of Count 1 his sentence would be doubled because of the prior strike.

The probation department issued its Pre-Probation Report and recommended, based on our client’s prior criminal history and the circumstances of the present allegations, that our client be sentenced to the high term to be served in State Prison.

Our office began defending our client against the charges by providing the District Attorney’s office with video footage of the complaining witness and our client which showed the alleged incident in detail. This video showed that the complaining witness was the dominant aggressor during the incident and showed that our client was repeatedly attempting to avoid and pacify the aggression.

We also provided the District Attorney’s Office with a mitigation package that showed that our client worked full-time and had many equitable factors in his favor. We attached letters of recommendation from members of the community that showed that our client had a calm demeanor and was not known to be aggressive.

After reviewing the documents we provided, the District Attorney’s Office dismissed both charges in the interests of justice.

With this result, our client avoided a potential third strike and completely avoided a conviction!

DISCLAIMER:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

Categories: