DA Makes Mistake on One Felony Charge, Second Reduced to Misdemeanor
Felony Possession of Assault Rifles
Reduced to Misdemeanor
In San Mateo County my client was charged with felony possession of two assault rifles. Aside from the lawfulness or unlawfulness of the San Bruno Police Officer's entry into my client's home and bedroom, the cops found two alleged assault rifles in my client's room. They also found ammunition, Samurai swords, knives and other cool stuff. So, believe this or not, my client gets offered 60 days and a felony to resolve the case. Ok?! That wasn't going to resolve anything. So we confirm for preliminary hearing. We also retain a firearms expert to testify about whether or not the firearms are assault rifles. Well, turns out that one firearm is not an assault rifle. Four cops, including their range master couldn't figure that out before arresting my client for this as a felony! So, anyway, the D.A. dismisses one assault rifle charge right before the preliminary hearing starts. The District Attorney proceeds on the other count. Fortunately, we get a great judge who sees that the possession here is not felonious and he reduces the felony to a misdemeanor pursuant to Penal Code § 17(b). Eventually, my client pleads to a misdemeanor, 10 days on the Sheriff's Work Program and probation. He saved his union job by avoiding the felony. Good for him.