Assault With a Deadly Weapon: Felony Reduced and Case Dismissed

Our client was charged with Penal Code §245(a)(1) – Assault with a Deadly Weapon with special allegations under PC 12022.7(a) for personally inflicting great bodily injury and PC 1192.7(c)(8) for committing a serious felony. She was facing years in state prison after allegedly striking her roommate in the head with a wine bottle. Through our investigation and aggressive preliminary hearing strategy, we were able to show that the incident was self-defense. The felony was reduced to a misdemeanor, and a few months later the case was completely dismissed under PC 1001.95 diversion.

The incident stemmed from a volatile confrontation inside the shared apartment during the COVID-19 pandemic. The alleged victim repeatedly acted as the aggressor, screaming, chasing, and striking our client. During the fight, the roommate punched our client in the mouth and threatened to kill her, while our client knew that the roommate kept an unregistered firearm in her room. Fearing for her life, our client grabbed the closest object, a wine bottle, and struck the aggressor once to stop the attack.

During the preliminary hearing, we thoroughly cross-examined the alleged victim and exposed her prior acts of violence and credibility issues. We also obtained and dissected her medical records, identifying multiple conflicting statements that undermined her claims of being the sole victim. This meticulous approach convinced the court that the event was a clear act of self-defense. The judge reduced the charge to a misdemeanor over the District Attorney’s objection.

After the reduction, we petitioned for Penal Code §1001.95 diversion, highlighting our client’s lack of criminal history and proactive steps toward rehabilitation. Upon completion of diversion, the case was dismissed in its entirety, leaving our client with no conviction and her record fully preserved.