Violation: Aggravated Assault with a Weapon – Facing 10 to 15 years in prison. Subsequent search of client’s home also resulted in charges of prior sale of illegal drugs, possession of Schedule VI and II narcotics, possession of marijuana and 5 counts of possession of a firearm during a dangerous felony.
Result: Fully probated sentence for Client enabling him to remain free and raise his child.
Additional Details: Client had 5 prior felony convictions and was charged with 3 counts of aggravated assault, allegedly brandishing a weapon at three teenage girls. Prior felony convictions enhanced the possible penalty from 3-6 years to a possible 10-15 years. After the charges and the result of the service of a search warrant on his home, the Defendant was charged with a prior sale of illegal drugs, possession of schedule 6 and schedule 2 drugs, narcotics and marijuana and 5 counts of possession of a firearm during a dangerous felony. The investigation uncovered that the dates on the search warrant, detailing reasons to search the Defendants home were dated in January 2011 and the search not conducted until January 2012. Presuming the dates were correct, the information was over a year old and not sufficient to justify the warrant. The state responded the dates were an oversight and the information was really only days old. Prior to filing a motion to suppress the search the state’s offer was 9 years to serve in the state Penitentiary. After filing a motion to suppress the search the defendant received a fully probated sentence even with his extensive history and remained free to raise his young daughter and has prospered during his release. (The aggravated assault charges and the prior felony sale of marijuana were not subject to the search warrant)