At Kersey Law, we recently achieved a significant victory in a challenging case. Our client, a young man with no prior criminal history, was facing life in prison on multiple serious charges, including attempted murder and other gun-related offenses. After just one year, he is now back home with his family. Here’s how we did it.
The Charges and Initial Situation
Our client was arrested and charged with attempted murder, shooting at an inhabited dwelling, and other gun-related offenses. The most serious charge, attempted murder, was accompanied by an allegation of premeditation and deliberation, which carried the possibility of a life sentence with the possibility of parole. Additionally, because a gun was fired during the alleged incident, an enhancement added an additional 20 years to the potential sentence. In total, he was facing over 30 years to life in prison.
Given the gravity of the charges, this case required an experienced defense team. Our firm, Kersey Law, was recommended to the client’s family by another attorney, and after an initial strategy session, they decided to retain our services.
Bail and Pre-Trial Challenges
Despite strong ties to the community and numerous letters of support, our client was denied bail due to the seriousness of the charges. While it’s always preferable to have a client out on bail during trial preparations, we had to adapt our strategy to work with him while he was detained.
Being in custody presents challenges, but it also drives us to work efficiently and thoroughly. We prioritize understanding our client’s story beyond the police reports. We delve into their background, education, work history, and personal challenges to build a complete picture of who they are, which is crucial in crafting a defense strategy.
Building the Defense
In reviewing the evidence, including police reports, witness statements, and video footage, we confirmed that our client had indeed discharged a firearm. However, our client maintained that he acted in self-defense. According to him, the alleged victim had made prior threats and was armed during the altercation. Our client was captured on security footage walking backward, attempting to de-escalate the situation before drawing his weapon in response to the alleged victim reaching for a gun.
This defense formed the cornerstone of our strategy as we prepared for the preliminary hearing. At this critical stage, the judge decides if there is enough evidence to proceed to trial. The alleged victim testified during this hearing and admitted to reaching for a gun, corroborating our client’s account to some extent.
Negotiations and Resolution
Our client was prepared to take the case to trial, but the risk of a life sentence was a significant concern. After lengthy discussions about the strengths and weaknesses of the case, we agreed that exploring a plea deal might be in his best interest.
We compiled a comprehensive mitigation packet for the District Attorney, including letters of support, a detailed mitigation report prepared by our investigator, and a plan for our client’s future to demonstrate his commitment to rehabilitation. This packet was essential in balancing the negative portrayal in the police reports with our client’s positive attributes and potential for a productive future.
After several weeks of negotiation, the DA agreed to a deal where our client would plead guilty to lesser charges, including assault with a deadly weapon and carrying a loaded firearm, in exchange for dismissing the attempted murder charge. The deal included time already served, allowing our client to avoid a life sentence and get back to his family after just under a year in custody.
Teamwork and Gratitude
This case was a team effort. Our paralegal Marisa, law clerk Daniel, investigator Christina, and assistant Pati all played vital roles in preparing and presenting our client’s case. Their dedication and skill were instrumental in achieving this favorable outcome.
We are also grateful for the cooperation and understanding of the DA, who recognized the mitigating factors and agreed to a just resolution.
Conclusion
This case exemplifies the importance of a robust defense strategy, thorough preparation, and teamwork. If you or someone you know is facing serious charges in California, contact Kersey Law for a free initial strategy session. We’re here to help guide you through the legal process and work toward the best possible outcome.
Thank you for taking the time to read about this case. We hope it provides insight into how we fight for our clients and achieve justice in even the most challenging situations.
