Case Dismissed: Criminal Threat and Batter
Our client was accused of threatening to kill her boyfriend and beating up his sister. We prepared extensively for the preliminary hearing. The judge granted our request to reduce the felony criminal threat charge (a strike) to a misdemeanor at the preliminary hearing. The prosecutor then offered us a plea bargain, which we declined to accept.
Result: Upon review of the preliminary hearing transcript and exculpatory evidence we submitted prior to trial, the prosecutor dismissed all charges
Attempted Murder and Conspiracy to Commit Murder
Our client was charged with attempted murder and conspiracy to murder with a gang enhancement. As a result, he was facing multiple life counts in prison. Making matters worse, the crime was caught on video. The preliminary hearing for this case spanned seven court days. Our client was held to answer on all charges.
We prepared an extensive motion to dismiss. We argued that our client was never part of any conspiracy to murder. Additionally, we asserted that throwing two punches did constitute an intent to kill. We also argued that the prosecutor failed to establish that our client was a street gang member or a Southside gang member.
This matter was set for trial. Being prepared for trial helps plea negotiations. It was preparation that helped us achieve a good result in this case.
Result: The prosecutor offered our client a plea to one count of assault with a deadly weapon, Penal Code 244(a)(4)(a non-strike, with 50% custody credit).