Felony Assault with a Deadly Weapon Charge at Long Beach Courthouse
Recently, at the Los Angeles County Superior Court, Long Beach Courthouse, Mr. Escovar represented a client charged with Felony Penal Code section 245 (a)(1) Assault with a Deadly Weapon charge. On the original charging document, the client was accused of assault with a knife. On the day of the Jury Trial, the court granted Mr. Escovar’s oral Motion to Dismiss the case pursuant to Penal Code Section 1382 for Lack of Speedy Trial.
Video Evidence and Circumstances of the Alleged Assault
In this case, the video evidence displayed the client swinging a knife at the “victim”.
Mr. Escovar explained to the Deputy District Attorney that the video evidence was incomplete because it did not show that prior to the video showing our client swinging a knife, he was stabbed on his shoulder by the alleged “victim”. Additionally, Mr. Escovar explained that the incident was really a physical altercation between Mr. Escovar’s client and the client’s girlfriend’s, ex-boyfriend. (a jealous ex-boyfriend).
Defense Arguments and Evidence of the Initial Aggressor
Mr. Escovar sought to persuade the Deputy District Attorney to dismiss the case because the facts suggested that the “victim” was the initial aggressor. Mr. Escovar explained that the client was currently dating the “victim’s” ex-girlfriend; the client was first stabbed in the shoulder, (this injury was not in the video evidence); and the “victim” was much taller and stronger than our client.
Court Grants Penal Code Section 1382 Dismissal for Lack of Speedy Trial
The Deputy District Attorney insisted on setting the case for trial. However, the “victim” was apparently not available and did not appear in court to testify. The Deputy District Attorney was unable to proceed within the time constraints mandated by California law and the court granted Mr. Escovar’s oral Motion to Dismiss Penal Code section1382 Dismissal for Lack of Speedy trial.
Another great result!