Misdemeanor Penal Code section 243(b) (“Battery Upon a Peace Officer”) Charge Dismissed and Negotiated to an Infraction Violation of Penal Code section 415(1) (“Disturbing the Peace”) No Jail!

Recently at the Downey Courthouse in Los Angeles County I was able to negotiate a plea to one infraction charge of “Disturbing the Peace-Unlawful Fighting in Public Place” in violation of Penal Code section 415(1) for an incident in which our client allegedly pushed a Huntington Park Police Officer with both hands during a disorderly incident in front of a night club. Our client allegedly also resisted arrest and had to be forcibly taken down by the officer in order to place him in handcuffs.

Our client had no prior criminal contacts and had graduated from Cal State University, Los Angeles with a Bachelor of Science degree in Kinesiology. We presented an equities package to the prosecution detailing our client’s significant commitment to volunteer soccer coaching within his local community and his service work he participated in during college through a student membership organization.

At the time of our client’s plea, we were able to negotiate with the prosecution to dismiss the “Battery Upon Peace Officer” charge and to add the Penal Code section 415, “Disturbing the Peace” offense as a misdemeanor. We were able to obtain what our office calls “prosecutorial post-plea diversion” in which the prosecution agreed that if our client completed a 10-Week Anger Management Program, 10 Alcoholics Anonymous Meetings, a Letter of Apology to the officer involved and committed no new offenses in one year our client would be permitted to withdraw his plea and the charge would be reduced to an infraction.

Recently, our client successfully completed all of the obligations of the sentence and his offense was reduced to an infraction!

This is a great result for our client, especially given the severity of the original offense charged!


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