Felony Assault with Force Likely to Cause Great Bodily Injury-Penal Code section 245(a)(4)-Informal Diversion Granted!
Recently, at the Clara Shortridge Foltz Criminal Courthouse in Los Angeles, we represented a client that was accused of attacking and beating another person. He allegedly hit the “Victim” 5-8 times causing a 3-inch laceration to the right side of his head. The victim was transported by ambulance to a medical center.
After investigation and interview of witnesses and after the collection of the Body Worn Camera’s (BWC) we were able to persuade the prosecutor that this matter actually involved mutual combat and provocation by the alleged victim. After several court appearances, Mr. Escovar was able to persuade the judge and the prosecutor to grant informal diversion (i.e. put the matter over for six months to complete terms including anger management and community service) and this felony case will be completely dismissed.
This a fantastic result, where on a felony Penal Code section 245(a)(4) with a three inch laceration to the “victim’s” head, our client will end with a complete dismissal under Penal Code section 1385, and he will later be able to Seal his “Arrest Record” under Penal Code section 851.91!