Criminal Threats & Assault Weapon Charges: Case Dismissed After Prelim

Client was charged with criminal threats (Penal Code § 422), battery (Penal Code § 242), and possession and transportation of an assault weapon (Penal Code § 30600(a)). The DA believed he was planning a workplace shooting and offered eight years in prison. Our investigation uncovered video evidence that destroyed the prosecution’s case. Every charge was dismissed.

Client worked for a local solar company and was owed nearly $100,000 in unpaid commissions. During a meeting at a café to discuss the debt, the owner called 911 and accused client of making threats. Weeks later, client returned to the office to speak with him again. Two employees—summoned back by text—stormed into the room and assaulted client. He fled and called 911. Police initially treated him as the victim, but after speaking with the others, they arrested him based on a fabricated story and an earlier report.

Client was charged with making criminal threats, committing battery, and illegally possessing and transporting an AR-15-style rifle. A search of his vehicle uncovered a disassembled AR-15, a shotgun, handcuffs, and zip ties—but no ammunition. Prosecutors alleged he was preparing to commit a mass shooting and refused to negotiate below an eight-year prison term.

We conducted an exhaustive defense investigation. While interviewing former employees, we uncovered a rumor that the office assault had been caught on video. After multiple attempts, we confirmed the video existed and secured a copy. It was the key to the case—clearly showing that our client was ambushed and attacked, exactly as he described.
We held the video until the preliminary hearing. On cross-examination, we confronted the complaining witness with the footage. His story collapsed under oath. The DA objected, but the court admitted the video. Two other witnesses fled the courthouse before testifying. The judge dismissed all battery charges on the spot.

The most serious remaining counts involved the AR-15. We filed detailed briefing arguing that a disassembled rifle—where the upper and lower receivers are separated—does not meet the legal definition of an assault weapon under Penal Code § 30600(a). Citing definitions in Title 11 of the California Code of Regulations, we pressed the issue through multiple rounds of argument. Ultimately, the court agreed and dismissed all assault weapon charges.

Only one charge remained: the original criminal threats allegation. At the next hearing, the prosecution dismissed it.

Despite being assaulted and telling the truth from the beginning, our client was the only person ever charged. Our investigation uncovered the evidence that changed everything and led to a complete dismissal of all charges. After prevailing in the criminal case, we filed a civil lawsuit against the former employer and co-workers. That lawsuit is currently pending in civil court.