Two Cases Alleging Felony and Two Strike Offenses, Consolidated and Negotiated to No State Prison and No Jail!

Recently in Los Angeles County I was able to negotiate to a one-year residential treatment sentence for my client originally charged with two cases involving serious and/or violent felonies.

My client was originally charged with two separate cases. In one case, my client was charged with violating Penal Code section 22810(g)(1), “Use of Tear Gas,” and Penal Code section 245(a)(1), “Assault with a Deadly Weapon, to Wit Bear Mace, a Caustic Chemical” – a strike offense. In the second case, my client was charged with violating Penal Code section 422, “Criminal Threats” and Penal Code section 245(a)(1), “Assault with a Deadly Weapon, to Wit a Car” – a strike offense. In both cases, my client was charges with strike offenses for separate incidents.

The cases were consolidated into one matter and the prosecution wanted our client to serve time in state prison for the offenses.

When our office substituted in on the matters, we had our client undergo a psychiatric evaluation to determine whether he had any mental health diagnosis that contributed to the incident. The psychiatric evaluation was able to confirm that our client suffered from mood dysregulation disorder and PTSD from a violent incident in which he was the victim and proposed a treatment plan that was best suited to address our client’s needs.

In light of the psychiatric evaluation, the prosecution agreed that the probationary sentence was appropriate under these circumstances and agreed to dismiss three of the alleged counts.

Our client ultimately pled to one count of violating Penal Code section 245(a)(1), “Assault with a Deadly Weapon, to Wit a Car” a strike offense. As a condition of his sentence, our client will need to complete one year in residential treatment.

This is a great result given that two strikes were originally alleged against our client and the prosecution was originally asking for state prison! With this negotiated disposition, our client will avoid state prison, time in jail and will only have one strike on his record.

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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 & Avila, LLP 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.

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