The Challenge
An off-duty Sheriff’s Deputy was charged after a verbal dispute with two people. The charges were assault with a firearm (Penal Code 245(a)(2)) and brandishing a firearm (Penal Code 417). Investigators labeled the deputy the aggressor and rejected self-defense. A brandishing conviction alone carries a ten-year firearms prohibition under Penal Code 29805. For a deputy, that is the end of a career. The only exception is a petition under Penal Code 29860.
Our Strategy
We investigated the incident ourselves and brought our findings to the District Attorney’s Office. The felony assault charge was dismissed. That left the misdemeanor brandishing count. A brandishing conviction normally means ten years without firearms. For a deputy, that means no job. But the law has an exception for peace officers. Under Penal Code 29860, an officer can ask the court to let him keep his firearm rights if carrying a gun is required for his work. We filed that petition and made the case to both the prosecutor and the judge. The court agreed that our client qualified and granted it. He kept his firearm rights, and he kept his career.
The Result
ASSAULT CHARGE DISMISSED; FIREARM RIGHTS PRESERVED
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.
