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AGGRAVATED ASSAULT WITH A DEADLY WEAPON

Posted in Case Results on July 17th, 2014

Case No: 13-XXXXXXCF10A

Facts:  It was alleged that the defendant pointed a pellet gun at a neighbor while they were having an argument.  When the police arrived, the alleged victim indicated where the defendant lived.  The defendant was located inside his home and the police engaged the defendant in conversation.  When the defendant refused to exit his home, one of the officers drew their weapon and ordered him out of the home.  Once he was out of the home, the police obtained consent to search the home and recovered the pellet gun.

Outcome:  The defendant was represented by the Public Defender’s Office for a year.  The defendant was unhappy with the way that the case was being handled and hired Mr. Sobel.  Mr. Sobel immediately set the arresting officers for deposition.  Mr. Sobel filed a motion to suppress the pellet gun that was recovered as it was seized in violation of the defendant’s 4th amendment rights.  Prior to the motion to suppress, the Office of the State Attorney offered to reduce the charge from Aggravated Assault which is a 3rd degree felony to a misdemeanor assault.  The defendant received a withheld adjudication.  He is now eligible to have his record sealed.