Our Criminal Defense Results

At Lessem & Newstat, LLP we believe that our results speak for themselves. While these past achievements in no way guarantee future results in any particular case, they do show that the aggressive approach employed by the attorneys at Lessem & Newstat, LLP has a history of success. Below is just a sample of what the lawyers at Lessem & Newstat, LLP have been able to achieve for their clients.

Charge: Murder, attempted murder and conspiracy. Defendant is accused of executing a rival gang member in broad daylight and then shooting and missing at a second gang member. At trial, a prosecution witness stated he personally saw the defendant pull the trigger killing one person and just missing a second.

Facing: Life in prison.

Result: At trial the defendant was found not guilty of all charges. The jury believed the prosecution witness was wrong and someone else committed the crimes.

Charge: Attempted murder. Defendant accused of nearly chopping the victim’s head off with a machete.

Facing: Life in prison.

Result: Case dismissed. Defense investigation uncovered two previously unknown witnesses who supported the defendant’s position that he acted in self-defense. The witnesses were so convincing that the prosecution decided to dismiss the case just before trial was set to begin.

Charge: Assault with a deadly weapon causing great bodily injury. Defendant, an off duty U.S. marine, was accused of stabbing his girlfriend’s ex-boyfriend with a knife and nearly killing him.

Facing: 8 years state prison.

Result: Not guilty at trial. Jury believed the defense position that the defendant was acting in self-defense.

Charge: 6 separate counts of child molestation. Defendant accused of molesting his step-daughter on 8 different occasions.

Facing: 56 years state prison.

Result: 3 years. After a thorough defense investigation and help from several defense experts the prosecution agreed to offer the minimum prison sentence possible. The defendant accepted this plea agreement.

Charge: Drug sales. Defendant accused of selling drugs to an undercover police officer from his home.

Facing: 9 years state prison.

Result: Not guilty at trial. Defense was able to convince the jury that the police officer was lying about the alleged drug sale.

Charge: Felon in possession of a firearm and gang allegations. Defendant was accused of being caught with a firearm by police officers. It was also alleged that the defendant possessed the gun for the benefit of a criminal street gang.

Facing: 10 years state prison.

Result: Not guilty at trial. Defense was able to convince the jury that the police officer was lying about actually seeing the defendant with the gun that was recovered.

Charge: Misdemeanor domestic violence. Defendant accused of hitting her husband with the blunt end of a hammer causing injuries to his legs.

Facing: 1 year in jail.

Result: Not guilty at trial. Defense was able to convince the jury that the alleged victim actually caused the injuries to himself and blamed the defendant in order to gain advantage in their divorce pending divorce proceedings.

Charge: Transportation and possession for sale of drugs. Defendant accused of picking up a relatively large amount of narcotics for the purpose of selling them.

Facing: 5 years state prison.

Result: Proposition 36 drug program. At trial the defense was able to convince both the judge and a jury that the narcotics the defendant was caught with were for his own personal use. In so doing, the defendant became eligible for a drug program instead of going to state prison.

Charge: 3rd time DUI and driving on a suspended license.

Facing: 2 years in jail.

Result: Defense was able to show weaknesses in the prosecution case that caused them to reduce the charge to wet reckless driving. The defendant was released from jail with a time served sentence.

Charge: Misdemeanor assault. Defendant accused of starting a fight late at night outside a restaurant.

Facing: 6 months in jail.

Result: Not guilty at trial. Defense was able to convince the jury that it was actually the alleged victim that started the fight and the defendant acted only in self-defense.

Charge: Burglary, vandalism, resisting arrest, assault and attempted kidnapping. Defendant was accused of breaking into his ex-wife’s home and trying to leave with one of their two children. While in the home he fought with his father-in-law and then resisted arrest when the police arrived.

Facing: 12 years state prison.

Result: 1 year in a treatment program. With the help of an expert, the defense was able to convince prosecutors that the event happened as a result of mental health issues. The defense found the defendant a suitable program and the prosecution agreed to send him to the program instead of asking for prison time.

Charge: Violation of a criminal protective order. Defendant was accused of harassing his ex-wife and daughter on multiple occasions in one day out of compliance with the restraining order.

Facing: 1 year jail, formal probation and 52 weeks of domestic violence classes.

Result: Not guilty at trial on all charges. The defense convinced the jury that all contact with the alleged victim was peaceful and all criminal allegations were lies.

Charge: Misdemeanor battery. Defendant was accused of punching her neighbor unprovoked in the face.

Facing: 1 year jail and 3 years probation.

Result: Not guilty at trial due to legal self-defense. After vigorous cross-examination the alleged victim admitted she was not telling the truth to the police. The alleged victim struck the defendant in a jealous rage because she thought the defendant was having an affair with her husband.

Charge: False impersonation. Defendant was accused of using another person’s identity to avoid criminal prosecution.

Facing: 3 years prison.

Result: Reduced to misdemeanor with no jail after the defense was able to convince the judge that the defendant did not know any better because he was from another country and spoke very poor English.

Charge: Domestic violence and resisting arrest with 2 strike priors. Defendant was accused of violently beating his girlfriend and resisting arrest when the police came to arrest him.

Facing: 25 years to life in prison.

Result: Case dismissed. The Court reduced the potential “third strike” to a misdemeanor at preliminary hearing because the defense successfully convinced the judge there was not enough evidence to support the alleged victim’s allegations. The prosecutor dismissed the case following extensive pretrial investigation.

Charge: Forgery, identity theft and fraud. Defendant was accused of being the mastermind in a fraudulent check cashing operation using a Nigerian email scam. Police seized more than $700,000 in fake checks from the defendant’s home.

Facing: 5 years prison.

Result: No jail and no restitution with informal probation. Defendant pled guilty to one count of misdemeanor forgery after subpoenaing emails and extensive pretrial investigation uncovered significant inconsistencies in the prosecutor’s case.

Charge: Child abuse. Defendant was accused of brutally beating his daughter.

Facing: 6 years state prison.

Result: Case dismissed after the defense convinced the prosecutor that the injuries sustained to the alleged victim were caused by the victim’s mother and not the defendant.

Charge: Stolen vehicle. Defendant accused of stealing her neighbor’s automobile.

Facing: 3 years state prison.

Result: Case dismissed on the day of trial because the prosecutor was convinced after aggressive representation and exhaustive investigation revealed the victim gave permission to the defendant to drive the vehicle.

Charge: Spousal battery and two counts of child endangerment. The defendant was accused of grabbing his wife’s hair, kicking her in the stomach and slamming her against a wall.

Facing: 3 years jail, 52 weeks counseling and formal probation.

Result: Not guilty verdict at trial on all counts. The defense convinced the jury that the alleged victim caused her own injuries and the children were never in any danger.

Charge: Reckless driving. Defendant was accused of driving at speeds in excess of 100 miles per hour, committing numerous traffic violations and endangering the lives of pedestrians and other drivers.

Facing: 90 days jail, driver license suspension and probation.

Result: Hung jury and case dismissed. During trial the defense presented evidence that the defendant was chasing another driver who collided with his vehicle and the police officer was not telling the truth about his observations. The prosecutor later dismissed the case.

Charge: DUI

Facing: 1 year jail, formal probation and license suspension.

Result: Case dismissed following consultation with a forensic toxicologist and defense re-test of the blood evidence.

Charge: Under the influence of controlled substance.

Facing: One year in jail, drug offender registration and probation.

Result: Case dismissed by the Court upon motion of the defense to dismiss the case because the prosecution violated the fundamental constitutional right to a speedy trial.

Charge: Exhibiting a deadly weapon and child abuse. 18 year old defendant was accused of threatening his older sister with a ninja sword causing emotional trauma to their seven year old brother who was present during the argument.

Facing: 2 years jail, formal probation and 52 weeks of counseling.

Result: Not guilty verdict on the child abuse charge and hung jury on the weapon charge. The prosecutor decided not to retry and dismissed the weapon charge. During trial, the defense was able to persuade the jury that the case should have never been filed because it was nothing more than a sibling rivalry.

Charge: Drug transportation with prison priors. Defendant was charged with transporting a substantial amount of illegal narcotics.

Facing: 7 years state prison.

Result: Drug program and no jail. The Court was persuaded that the defendant was transporting to support his own personal habit and that he was in need of rehabilitation rather than jail time.

Charge: Possession of a controlled substance and marijuana while driving.

Facing: 2 years in jail and drivers license suspension.

Result: Case dismissed after the defense revealed an airtight medical marijuana defense.

Charge: Spousal battery. Defendant was accused of slamming his ex-wife up against her car in front of the police department during a child custody exchange with five law enforcement eyewitnesses.

Facing: 1 year jail and formal probation.

Result: Not guilty verdict at trial. The defense persuaded the jury that every police officer witness was mistaken in their observations and the alleged victim was not telling the truth.

Charge: Contributing to the delinquency of a minor. Defendant was accused of smoking marijuana with a minor.

Facing: 1 year jail and probation.

Result: Case dismissed. Defense persuaded the prosecutor that defendant did not know the minor’s age.

Charge: DUI and under the influence of a controlled substance.

Facing: Two years county jail, formal probation and license suspension.

Result: Case dismissed. The defense persuaded the prosecutor that the toxicology reports were flawed and the case could not be proved beyond a reasonable doubt.