Client, an active-duty service member, was charged with felony assault with great bodily injury under Penal Code § 245(a)(4). The alleged victim suffered serious facial fractures and claimed to have been blindsided. The stakes were enormous—our client faced a strike, potential prison time, and the end of his military career. After a dramatic preliminary hearing, the case was dismissed in full.
The allegations stemmed from an altercation outside a bar in downtown San Diego. The complaining witness accused our client of punching him without warning, causing him to fall and sustain multiple facial fractures. The prosecution filed the case as a strike felony, citing the severity of the injuries.
We worked the case up from the ground level. Using one of the best defense investigators in the business, we identified and interviewed witnesses the police had ignored, obtained additional surveillance context, and exposed critical gaps in the government’s case.
At the preliminary hearing, we demanded that civilian witnesses be excluded from the courtroom. When called to testify, each gave a completely different account of the event. One described the punch as coming out of nowhere, the other described an escalating confrontation. The inconsistencies were irreconcilable and undermined the prosecution’s entire theory.
We also caught the complaining witness in multiple lies about his level of intoxication and behavior leading up to the incident. On cross, his credibility fell apart.
The court dismissed the case at the conclusion of the preliminary hearing.
This was a high-stakes felony with serious injuries and a highly sympathetic victim. It was dismissed because we built a real defense, confronted every witness head-on, and exposed the gaps in the case that no one else had taken the time to uncover.