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Reduced Sentence for a Veteran Charged with an Unregistered Firearm

Aug 27 2017, by Jessica McElfresh in Case Results, Criminal Defense, Weapons Crimes

San Diego criminal defense attorney Jessica McElfresh recently represented a veteran after an altercation resulted in an extremely serious weapons charge with the potential to send him to prison for a significant period.

One night, the man went to a club with some friends and became involved in an argument with another group. After everyone was thrown out of the bar, the dispute continued and apparently, the man in question retrieved a gun from his car and according to the surveillance footage, appeared to chamber a round and held it at his side. After a few minutes, he put the weapon back in the car.

The police eventually responded and charged the man with possession of an unregistered firearm. What complicated matters was the fact that this veteran had a prior criminal record and California has a minimum sentence of 10 years in prison for a previous felon caught with an unregistered firearm.

After getting to know her client and his struggles, it was clear that this veteran was dealing with serious PTSD, alcoholism, and depression. Her client was also rated as disabled because of his illnesses. Attorney Jessica McElfresh passionately argued for the best possible outcome and ultimately achieved an agreement for 180 days in custody, but he will only need to serve about 90. Thanks to attorney McElfresh, he also received leave from his job to coincide with his time in custody, which saved his job.

Upon his release, the court will let him pursue a program called Veteran’s Court. This will give him the opportunity to serve probation in a structured situation where he can have access to alcohol and mental health treatments.

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.