In a victory for the defense, Long Beach criminal defense attorney Matthew Ruff successfully secured a complete dismissal of serious felony gun charges against a client facing prosecution in the Los Angeles County Superior Court.
The client had been charged with two severe offenses:
Possession of a Firearm with a Prior Violent Conviction (Penal Code § 29900(a)(1))
Possession of a Firearm by a Felon (Penal Code § 29800(a)(1))
Both charges carried potential state prison time and were predicated on a prior incident dating back to 1997.
The Legal Strategy: Uncovering the Truth in the Court Records
The prosecution argued that the defendant’s 1997 assault conviction (Penal Code § 245(a)(1)) prohibited them from owning or possessing firearms. However, upon a thorough review of the client’s prior court history, Los Angeles Gun Charges Attorney Matthew Ruff identified a critical defect in the District Attorney’s complaint.
Back in May 2004, the Southwest District Superior Court in Torrance had formally granted a motion reducing the 1997 charge to a misdemeanor pursuant to Penal Code § 17(b)(3), set aside the conviction, and dismissed the case under Penal Code § 1203.4.
Under California law (and supported by binding precedent in People v. Gilbreth), once a “wobbler” offense is reduced to a misdemeanor under Penal Code § 17(b), it becomes a misdemeanor for all purposes. Consequently, the conviction could no longer serve as a foundational “prior felony” element required to prove firearm possession by a felon or violent offender.
A Complete Victory for the Accused
Matthew Ruff uncovered the truth and filed a motion using the newly found evidence. By filing a Motion to Dismiss pointing out that the state could not satisfy a material element of either charge, Matthew Ruff demonstrated that the defendant was not legally a “felon” at the time of the alleged incident.
Recognizing the defect in the charges, the defense motion was granted, resulting in the full dismissal of Case No. 26LBCF0008X (redacted for client privacy) in Long Beach. This result underscores the critical importance of hiring an experienced criminal defense lawyer who routinely examines historical records to protect client rights.
The dismissal was even more joyful considering that prior to hiring Matthew, the client was represented by a public defender who was pressuring the client to accept a plea bargain by the DA that would have sent him to prison for more than 5 years.
Matthew Ruff is a Top Tier Criminal Defense Lawyer and Long Beach DUI Attorney with over 30 years fighting and winning cases for his clients.
