Pomona, Domestic Violence & Criminal Threats, Three Years

Our client and his wife had a difficult marriage.  Our client, in his early thirties, went to church every day, but his wife did not accompany him.  She was from Ecuador and seemed to spend an enormous amount of time on Facebook.

When our client saw that she had posted revealing photographs of herself on Facebook, he asked her to remove the photographs.  She refused, saying to him that it was her right.  Our client did not who his wife was communicating, seemingly all day while he was at work, so his became suspicious.
Without All the Details, What Happened?:  Pomona, Domestic Violence Charges, with Criminal Threats and a Probation Violation, Client Faces 20 Years and 8 Months in Prison, Deal Negotiated for 3 Years at Half-Time.
Finally, a small argument became a physical confrontation and he allegedly (according to his wife) strangled her and punched her.  Police were called to their Duarte apartment and our client was arrested.  His wife seemed to take particular pleasure in the arrest, even handing the police tape recordings of voicemails he had left her, threatening to kill her and bury her in the desert where no one would ever find her.  Such threats constituted criminal threats under Penal Code § 422.

The case against our client was made more serious because our client was on probation for assault with a deadly weapon when he had thrown a metal tape measure at his father-in-law when he had spit on him.  He had not yet completed the 52 anger management classes that were a term of his summary, or informal, probation.

The case against our client was filed in the Pomona Superior Court.  The client initially faced one count of felony domestic violence (Penal Code § 273.5), one count of felony criminal threats and the probation violation.  He initially hired a local attorney who was quite expensive, but was greatly disappointed in him, especially when at the preliminary hearing, our client’s wife testified so that the prosecutor added one more count of felony criminal threats, another count of domestic violence (as against the wife) and a count of domestic violence against the couple’s child (273a).  Overnight, the client’s potential prison sentence went from four years at 85% minimum time served (due to criminal threats, a strike offense) to twenty years and eight months at 85%.

The client fired his attorney and hired Greg Hill.  Greg quickly wrote a lengthy letter to the Pomona District Attorney explaining how the victim wife had a history of mental illness, violence against her husband and was quite interested in becoming a U.S. Citizen to avoid having to return to Ecuador, as the couple were divorcing and she could no longer stay in the U.S.

The District Attorney and Greg Hill negotiated for several months, finally reaching a deal where the client would serve just three years in state prison at a maximum of fifty percent time.  The clincher in the negotiations was when Greg filed a Sentencing Brief on the probation violation matter, including many letters of support for the client from five individuals, and pointing out the mutual combat issues in the fight at issue.

The client was overjoyed by the plea bargain reached and gladly entered into it, as even on the probation violation he faced three years alone, which the judge sentenced him to and ran it concurrent with the newer case.

For more information about what criminal threats are and about a probation violation, click on the following articles:
  1. What Are Criminal Threats and the Defenses to This Charge?
  2. What Punishment Do I Face for a Probation Violation?
Watch our Video about Domestic Violence by clicking here.

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Thank you so much for putting so much effort in this case. We really appreciate it and we are happy that all turned out well.
★★★★★
Greg Hill did an outstanding job on every level. He was efficient, thorough, knowledgeable, courteous, responsive & brilliant. He welcomed my input and my concerns. . . from the first conversation to the last - I always felt 'it mattered' to him. S.C., Rolling Hills Estates
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