Residential Burglary & Assault with a Deadly Weapon: Probation and No Jail Time

Client, an active‑duty United States Navy sailor, was charged with residential burglary under Penal Code §§ 459 and 460(a), two counts of assault with a deadly weapon under Penal Code § 245(a)(1) (strike felonies), and child cruelty under Penal Code § 273a(b). He faced six years in prison, two strikes, and immediate dishonorable discharge. After extensive investigation and mitigation, we secured a resolution of probation with no custody, and the case was ultimately reduced to a misdemeanor and expunged under Penal Code § 1203.4.

The case began after the client, who had recently struggled with alcohol use, became intoxicated and attempted to return to his apartment late at night. The apartment complex where he lived had multiple buildings on nearly identical streets. In his impaired state, he mistakenly tried to enter the wrong unit. He attempted to use his key, and when it did not work, he pounded on the door.

Inside, a mother and her young child were asleep. The client eventually forced the door open and, in his confusion, swung a broom at the occupants, believing they were intruders. Law enforcement arrested him, and he was charged with serious felonies carrying multiple strikes and career‑ending consequences in the Navy.

Our investigation revealed that the apartment complex was confusing even for sober visitors, with multiple nearly identical streets. Detectives responding to the incident confirmed they also struggled to navigate the complex. We prepared a detailed mitigation package demonstrating the client’s exemplary service record, clean history, and genuine remorse. We also obtained a favorable statement from the victim, which supported our argument that this was a one‑time mistake, not intentional criminal conduct.

The case resolved with formal probation and no jail time, allowing the client to remain in the Navy and preserve his career. The conviction was reduced to a misdemeanor under Penal Code § 17(b) and later expunged under Penal Code § 1203.4, giving the client a clean record and a second chance.