Felony Gun Charges Dismissed For U.S. Marine

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San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

San Diego County Charge: Out of county resident charged with felony assault and battery involving multiple victims and great bodily and serious injuries Result: Verdict, Not Guilty on All 7 counts of Assault and Battery with Great Bodily Injury and Multiple Strikes.San Diego County Charge: 69 year old man driving under the influence of methamphetamine onto oncoming traffic Result: Hung Jury and District Attorney Dismissed DUI San Diego County Charge: Mother of two evading police in hit and run charge with serious bodily injury Result: District Attorney Dismissed after Successful Line-Up Motion San Diego County Charge: Juvenile charged with running over her ex boyfriend at high school Result: Court Dismissed case after Argument Made In Mitigation San Diego County Charge: Spouse arrested for domestic violence after 911 calls and pictures of serious bodily injury Result: District Attorney Dismissed at Trial San Diego County Charge: Military member arrested for assault and battery Result: Court Dismissed after successful argument for Military Diversion San Diego Federal Charge: 19-year-old student charged with Alien Smuggling Result: Case Dismissed after negotiations with US Attorney

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This was a case Monder Law Group handled where the District Attorneys Office filed felony criminal charges against a Marine that has fought for our country on two tours to Afghanistan. The Marine was on probation and in veteran’s court for a negligent discharge of a firearm charge years earlier. During a probation sweep of his home, his probation officer located large capacity magazines in his shed. In California, you can be found guilty for receiving large capacity magazines under Penal Code section 32310. This code section was intended stop the manufacturing of large capacity magazines in California; however, the law was re-codified to go after people that receive them as well. This is one of the most ridiculous laws ever created in an attempt to circumvent gun owner’s rights in the state of California.

The Marine was charged with both California Penal Code Section 32310 and PC 30305(a)(1) because he was currently in veteran’s court on a prior gun charge years earlier. This is an individual who needed the expertise of an attorney that represents the interest of gun owners in the state of California. The initial probation violation offer was 5 years and that did not include the punitive consequences of this new charges that was pending against him. The court does not know how to categorize these types of cases in relation to other crimes and the prosecution always wants to paint a picture of a dangerous fanatic gun owner. If this was Texas, people would we laughing at these charges. Since we are in California, the state tells us we have to be hard on gun laws. Even though it would be a misdemeanor to carry a handgun without a permit but a felony to have a few large capacity magazines. It does not even make sense to the most intellectual lawyers in San Diego. It often baffles the legal community regarding the actions being taken by our legislation in Sacramento. Nevertheless, this individual should not be in trouble for having large capacity magazines from the time he was in Afghanistan.

Attorney Vik Monder fought relentlessly to clear the Marine’s name. Ultimately, the case was dismissed after long discussions and negotiations with the District Attorneys Office. The biggest issue here is how is the state of California going to prove beyond a reasonable doubt each and every element of the crime charges against him. There were holes in the prosecution’s case in chief and the defense was prepared to take this case all the way to trial if need be. The defense believed it would be highly unlikely that a jury would convict a decorated war veteran for having large capacity magazines. Also, the prosecution would have to call someone from the military to testify against the Marine that will say he received the magazines from a certain individual. This will merely put that witness in an incriminating situation. This case looked bad for the prosecution at every angle. If you are facing criminal gun charges here in San Diego, contact attorney Vik Monder right away at 619-405-0063.