Felony Penal Code section 422 Criminal Threats and Misdemeanor Penal Code section 243(e)(1) Battery Charges Dismissed in the Interests of Justice Per Penal Code section 1385!

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!


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