Sexual Penetration Charges Dismissed On Feb 19, 2015
Our client was charged with felony domestic violence and sexual penetration by force based upon fraudulent accusations.
The police officer who took the report believed the victim and arrested the Defendant. The filing prosecutor pressed charges against the Defendant and he was arrested. We were retained to assist with the case.
Our client had expressed that he was falsely accused of these felony charges. At the initial court appearance that we appeared on with the client in custody, he was offered 3 years in prison. We immediately started our investigation and defense in that case. After we interviewed witnesses that knew the alleged victim, we completely painted a different picture as to what happened on the date of the Defendant’s arrest. Had the Defendant not hired an experienced attorney, he would have potentially ended up in prison, deported and faced with the prospect of lifetime sex offender registration.
On February 19, 2015, immediately before we started the preliminary hearing, we were presented with an offer that our client did not want to refuse. In order to get a full dismissal, our client would have had to pay trial fees and be prepared for trial. Our client wanted to end the matter and agreed to accept a deal simply to find closure. However, the deal was decent. He would plead to two misdemeanor charges, get work release, not have to register for his lifetime as a sex offender. Considering the original offer was 3 years in prison, accepting responsibility to two misdemeanors was something that appeased the client.
Our client accepted responsibility to move on with his life. He would have had a great trial matter. Regardless, if it was not for an aggressive defense, we would not have been offered a misdemeanor proposal.
This case goes to show you that just because you have been arrested or charged with a crime, it does not mean that the charges will stick. Quite often, poor investigation and lying witnesses allow charges to be filed against you. Always have a good lawyer on your side. Mr. Feyzjou is certified by the State Bar of California, Board of Legal Specialization as a specialist in criminal law. For a free consultation, please contact our office.