Long Beach, Battery on Police Officer, Probation Violation

Our client, age 24 and with a prior conviction for domestic violence and on probation for this prior incident, was arrested in the early morning hours after being found allegedly yelling and making moaning noises in front of a female’s home in Long Beach.  Police officers characterized our client as a prowler.
Without All the Details, What Happened?:  Long Beach, Client on Probation for Domestic Violence, Commits Battery of a Police Officer, Case Resolved for Misdemeanor Criminal Threats and 15 Days of Community Service.
When police officers arrived, they instructed our client to move away from the house, but instead, he grabbed the home’s front door knob and tried to enter the house, which was locked.  Our client was from New York on a vacation here and did not know the resident of the home.  

Officers then instructed our client to move away from the front door, but our client allegedly assumed a fighting pose with both hands raised as if ready to fight.  Officers then drew their batons and our client followed instructions, allegedly mumbling incoherently.  

When at the police station, he then allegedly scuffled with police officers when they had to remove his handcuffs for a short time.  He later began yelling at the top of his lungs while in the jail.  

Originally, our client was told by police that he would be charged with three felonies for battery on two police officers and assault to a police officer.

However, at the arraignment, our client, a college graduate, was quite lucky, as he was only charged with misdemeanors – one count of criminal threats (Penal Code section 422), one charge of battery upon a peace officer (Penal Code section 243(b)) and one charge of disorderly conduct (Penal Code section 647).  The case was brought in the Long Beach Superior Court.

The 24 year old client’s single mother was extremely interested in the case from the outset and in constant communication with our office, much more than the client himself.  We agreed with the mother that at some point in the case, a letter from her to the District Attorney handling the case might be helpful.  The mother worked furiously on the letter and, without our approval, sent the letter to the judge himself.

The judge, upon receiving the letter, transferred the case to another judge and another District Attorney was assigned to the case.  According to the District Attorney, our client’s mother’s letter had so infuriated the judge that the District Attorney was considering refiling the case as a felony.  Luckily, however, the District Attorney did not discover our client’s prior conviction, for which he was on probation at the time of the present incident.

Greg Hill of Greg Hill and Associates was thus faced with the delicate task of preventing the District Attorney from refiling the case as a felony, which at the same time trying to negotiate a plea bargain that satisfied the client, who believed because he was interested in becoming a police officer in New York, that the District Attorney was obligated to treat his case with deference.  

The first offer from the District Attorney involved 30 days of county jail.

Through several rounds of challenging negotiations with a District Attorney who viewed our client as a spoiled prima donna with a sense of entitlement, Greg Hill was able to sweeten the offer to twenty, then fifteen days of county jail and then the equivalent in community service, which the client accepted, along with being on summary probation for three years and a stay away order for three years from the “victim’s” home.  Our client will complete his community service in New York.  The District Attorney also agreed to dismiss the charges of battery to a police officer and disorderly conduct.

For more information about the issues in this case summary, click on the following articles:
  1. What are Criminal Threats and the Defenses to this Charge?
  2. Will the Prosecutor Dismiss the Domestic Violence Case if the Victim Will Not Testify or Appear at Trial?  
  3. What Punishment Do I Face for a Probation Violation?
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