Serious Case Results in a No-Strike Conviction
Multiple Strike Charges
No Strike Conviction
My client was charged with 11 counts of violating the California Penal Code and Health and Safety Code. Amongst other things, he was charged with four strike offenses for violating Penal Code section 148.10 [Death or Serious Bodily Injury of Peace Officer Caused by Willful Resistance to Discharge of their Duties]; Penal Code section 69[Resisting Executive Officers] along with a Penal Code section 12022.7(a) enhancement [Great Bodily Injury]; Penal Code section 243(d), [Battery Causing Serious Bodily Injury]; and Penal Code section 243(c)(2) [Battery on a Police Officer Causing Injury] along with a Penal Code section 12022.7(a) enhancement [Great Bodily Injury].
My client had also been convicted of three prior felonies and five misdemeanor offenses. He was on two current active grants of probation when he picked up this multiple strike case. In total my client was easily facing over a decade in state prison. After the preliminary hearing, my client's court appointed lawyer told him that he was getting a minimum of 6 years in the state prison guaranteed. Not happy with this news, my client's family hired me expecting a miracle.
However, my client didn't plan on making matters easier because while in custody he picked up a new case for violating Penal Code section 241.1 [Assault against Custodial Officer]. According to the Sherriff the only reason my client didn't hit the officer was because he was tackled by other officers before he could have completed the act. In the end, the new assault case was dismissed, my client pled to only one non-strike felony, and probation was terminated on his misdemeanor cases with credits for time served. My client never went to prison. And, he was released from county jail in less than 8 ½ months. Miracle delivered.