Mike Brandt’s client was charged with felony Terroristic Threats for threatening a stranger with a knife at a restaurant. While the case was originally charged as Terroristic Threats, the prosecutor stated he would amend the charge to one of Second Degree Assault (which would have required a mandatory prison sentence) if a resolution was not reached.
After much investigation and review of the file, Mike’s client accepted the State’s offer to plead to the Terroristic Threats charge. After the plea, Mike and his staff spent a lot of effort preparing for the sentencing for the case. Specifically, they put together a very detailed booklet of information about the client to provide to the judge which included letters of recommendation, proof that the client had completed anger management counseling, had completed chemical dependency treatment, and has been doing very well on his release from jail. Mike also submitted a Motion for a Downward Dispositional Departure and filed a Memorandum in support of the Motion for Downward Dispositional Departure. Mike’s office also solicited input from the victim in the case which was very helpful to Mike’s client. Based upon all of that information, at sentencing the Judge agreed to sentence the matter as a gross misdemeanor, which avoided a felony conviction for Mike’s client. Because of all of the negative collateral consequences that would have attached to a felony conviction, Mike saved his client a lot of problems in his future.
At Brandt Kettwick Defense we always take a two-pronged approach to attacking a case. We open every file with a strategy of winning the case. However, if, because of the facts of the case, the case cannot be won, then the question is how do we win the right result. This case is a perfect example of winning the right result for the client due to preparation, investigation, and the proper presentation to the judge.