Bellflower, Battery, Criminal Threats and Grand Theft - Attorney Success # 5

Our client was charged with grand theft (Penal Code § 487), a felony, and misdemeanor battery (Penal Code § 242).  The District Attorney in Bellflower then reviewed the facts of the case and modified the charges, filing a complaint for misdemeanor criminal threats (Penal Code § 422) and misdemeanor battery.

Our client, an African American male, and his brother-in-law, a Caucasian attorney, had been feuding for years over an inheritance either our client or his sister might receive.  Our client’s brother-in-law, whose practice had dwindled down to nearly no clients, had seen his wife’s inheritance as his windfall, so he orchestrated a scheme whereby he would have his wife file for conservatorship of her parents so she could have control over their assets.  

At the same time, to ensure his brother in law could not credibly oppose the petition for conservatorship, he “baited” our client into a fight.  In the staged altercation, he first sucker punched our client in the face and ran about thirty feet away.  Our client, enraged, was then encouraged to “come get me, boy!  Make it easy!” while his brother-in-law filmed the episode.

Our client prudently did not fight back.  Instead, he approached his brother-in-law and grabbed his video camera.  He then gave it to the Lakewood Sheriffs.

The brother-in-law lobbied the Bellflower DA incessantly, encouraging the DA to charge our client with multiple felonies.  The brother-in-law, naturally, wanted one of the charges to result in a conviction that could then be used against our client in the conservatorship proceeding.  The DA, however, wisely realized what was going on and listened to Greg Hill of our office, who negotiated a plea bargain that frustrated the brother-in-law’s scheme.

Under the terms of the plea bargain, the criminal threats count was dismissed and our client pled no contest to the battery charge.  As it was a no contest plea, it could not be used against our client in any civil proceeding.  Moreover, in entering the plea bargain, Greg Hill insisted upon a People v. West waiver, further insulating the plea bargain from any use in the conservatorship proceeding.  Our client was very happy with the way our office defeated his brother-in-law’s plan.

If you or a family member have been charged with making criminal threats or battery, call our office today.  One of our attorneys will speak with you immediately and will fight vigorously for you.

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