Logo
 

BLOG

 

28-Year-Old Man in San Diego Felony Assault Case Avoids Prison

Jun 22 2016, by Jessica McElfresh in Assault, Case Results, Criminal Convictions, Criminal Defense, Felony

Recently, a 28-year-old San Diego man, living in a converted school bus was facing a lengthy prison sentence after an altercation with a homeless man resulted in an assault with a deadly weapon charge. Allegedly, the man exited his bus to use the restroom at a local fast food restaurant, when he was approached by a belligerent and intoxicated homeless man. The man was initially able to avoid him and use the restroom, but when he exited the bathroom, the homeless man continued to harass him in the parking lot. He eventually returned to the bus and closed the door, but the homeless man persisted and attempted to open the bus door. The man exited the bus with a large wrench that he kept for repairs and repeatedly struck the homeless man with the tool. With the man severely injured, the man fled the scene in his school bus but was quickly apprehended by the police. Due to the victim’s serious injuries, including a collapsed lung that required weeks of hospitalization, as well as the use of a weapon, police charged the man with assault with a deadly weapon, resulting in great bodily injury. Since this charge constitutes a strike offense under California’s Three Strike Law, the man not only faced 5-7 years in prison but also very harsh penalties if he’s ever convicted of a future felony, even if the crime isn’t violent. Based on the dire nature of his situation, the man knew that he needed strong representation and contacted the skilled San Diego felony assault attorney Jessica McElfresh.

Attorney McElfresh knew that her client’s situation was precarious due to the nature of the incident and the fact that in California, a conviction for a strike felony requires the offender to serve at least 85 percent of his sentence. However, attorney McElfresh worked zealously to obtain the best possible result for her client. She was able to facilitate a plea agreement with the prosecution, which included the man pleading guilty to the assault, but instead of serving time behind bars, her client would participate in felony probation and complete 30 hours of community service. The client was relieved to stay out of prison, which was a resounding success considering the original circumstances.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.