Felony Disorderly Conduct (Firearm) – dismissal

Multiple justification defenses. Client charged with pointing firearm at another driver in freeway traffic (road rage). Client risk = up to 3 years state prison, loss of CDL if convicted. Purported victim alleged he had done nothing to cause such display. Investigated victim based on one small line in police report and identified extensive serious felony conviction history the State had not disclosed. Noted several distinct legal weakness for prosecution and 5 strong justification defenses (self-defense, defense of property, crime prevention, justified deadly force, defensive display of firearm). Brought to attention of assigned prosecutor who refused to fully appreciate the weakness of the State’s case and aggressively offered a felony plea offer. Offer aggressively declined by the defense. At probable cause stage, drafted an extensive analysis of defendant’s self-defense arguments and insisted on its introduction to the Grand Jury for their consideration. Grand Jury refused to indict client. Case fully dismissed.

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