The Challenge
A Lake Elsinore mini-market owner caught a juvenile stealing from his store. A struggle followed. The juvenile suffered a broken nose and chipped teeth. Our client was charged with felony assault by means likely to produce great bodily injury under Penal Code 245(a)(4). Because of the size difference and the injuries, the prosecutor pushed hard for a felony conviction and jail time. A felony conviction with a great bodily injury finding would also have been a strike.
Our Strategy
A store owner is allowed to use reasonable force to detain someone caught stealing. The question was not whether the juvenile was hurt. It was whether the force was reasonable in a struggle the juvenile started. We hired a private investigator to re-examine the incident and interview the witnesses. Their statements contradicted the juvenile’s account and described a very different struggle. We presented that evidence to the court and argued that a felony did not fit what actually happened. The judge agreed and reduced the charge to a misdemeanor under Penal Code 17(b). Our client avoided a felony record and served no jail time.
The Result
FELONY REDUCED TO MISDEMEANOR; NO JAIL TIME
Your Case Belongs at the Southwest Justice Center.
Your Defense Belongs Here.
If you were arrested in Temecula, Murrieta, Menifee, Wildomar, Lake Elsinore, Winchester, or French Valley, your future will likely be decided at the Southwest Justice Center (SWJC) on Auld Road. In these courtrooms, local knowledge is the ultimate advantage. Since 1999, Nic Cocis has been a weekly fixture in the SWJC, appearing before the same judges and negotiating with the same Riverside County prosecutors for over 25 years. We don’t just know the law — we know the specific nuances, procedural quirks, and judicial tendencies of the Southwest District. Whether you are facing a felony or a misdemeanor, you need a firm that treats the Southwest Justice Center as its home turf.
