Successful Case Results

PAST CASES – DANIEL F. GREENE

 

Successful Case Results Obtained by Attorney Greene

Please note that every case is different, and the below case results are not meant to guarantee a similar result if you are charged with the same offense.

Highlights Include:

  • Multiple alleged victim child molestation (20 counts of forcible sodomy, forcible oral copulation, and lewd and lascivious conduct, involving three minors; 300-life case) — NOT GUILTY as to four counts that had rendered this a “Life” case and HUNG JURY/MISTRIAL as to the remaining counts. The not guilty verdicts mean Client can no longer receive a life sentence should he be convicted of any of the remaining counts upon retrial
  • Multiple alleged victim child molestation (8 counts) — NOT GUILTY as to one count, convicted of two counts and HUNG JURY/MISTRIAL as to the remaining five counts. Those five counts were later dismissed. Client’s punishment for the two counts was lower than what the prosecution had offered at any point during pre-trial negotiations
  • Child molestation (22 counts of intercourse, sodomy, oral copulation, etc., of two minors; 200-life case) — NOT GUILTY ALL COUNTS
  • Group assault and battery resulting in great bodily injury — DISMISSED BY JUDGE AT PRELIMINARY HEARING
  • Criminal threats with a firearm (“Strike” with mandatory prison allegation) —CASE DISMISSED BY JUDGE AT PRELIMINARY HEARING
  • Possession of methamphetamine for sale — DISMISSED BY JUDGE FOLLOWING SUCCESSFUL MOTION TO SUPPRESS EVIDENCE [Pen. Code 1538.5]
  • Domestic violence restraining order — DISMISSED BY JUDGE FOLLOWING 3-DAY TRIAL
  • Domestic violence battery (“3-Strikes case) — DISMISSED BY JUDGE AT PRELIMINARY HEARING
  • Child molestation (multiple counts of oral copulation by a minor; 55-Life case) — NOT GUILTY
  • Driving under the influence of alcohol/BAC .08% or higher — CASE DISMISSED FOLLOWING SUCCESSFUL MOTION TO SUPPRESS EVIDENCE [Pen. Code 1538.5]
  • Lewd and lascivious acts (minor 10 years or under) — HUNG JURY, DISMISSED
  • Annoying / molesting a minor — DISMISSED BY JUDGE DURING TRIAL BASED ON INSUFFICIENT EVIDENCE
  • Assault / battery (stabbing) resulting in great bodily injury — DISMISSED PRE-TRIAL
  • Vehicular manslaughter – HUNG JURY, DISMISSED
  • Possession of methamphetamine for sale — DISMISSED BY JUDGE FOLLOWING SUCCESSFUL MOTION TO SUPPRESS EVIDENCE [Pen. Code 1538.5]
  • Kidnapping / sexual assault / rape / forced oral copulation / multiple victims (life) — DISMISSED DAY OF TRIAL
  • Felony assault / battery in great bodily injury — NOT GUILTY (SELF-DEFENSE)
  • Attempted murder (shooting / gang case) — DISMISSED DAY OF TRIAL
  • Domestic violence resulting in great bodily injury (2-Strikes case) — NOT GUILTY
  • Premeditated attempted murder / assault with firearm / vehicle chase (life case) — HUNG JURY
  • Assault / battery (knife) resulting in great bodily injury — DISMISSED WITH FACTUAL FINDING OF INNOCENCE
  • Receiving stolen property (“3-Strikes case) — DISMISSED BY JUDGE AT PRELIMINARY HEARING
  • Assault with a semi-automatic weapon — HUNG JURY
  • Trespassing — DISMISSED BY JUDGE DURING TRIAL BASED ON INSUFFICIENT EVIDENCE
  • Criminal threats (“Strike”) — CASE DISMISSED BY JUDGE AT PRELIMINARY HEARING
  • Felon in possession of a firearm — DISMISSED DAY OF TRIAL
  • Identity theft / fraudulent use of credit card — DISMISSED PRE-TRIAL
  • Residential burglary — DISMISSED BY COURT POST-PRELIMINARY HEARING
  • Domestic violence by Sheriff’s Deputy (defense of intoxication) — DISMISSED DURING TRIAL
  • Driving w/ a BAC of .01% or higher (in violation of DUI probation) — NOT GUILTY
  • Attempted lewd conduct with a minor — NOT GUILTY
  • Multiple cases of assault & battery resulting in great bodily injury — DISMISSED AT PRELIMINARY HEARINGS
  • Sexual abuse upon elder person (which would have resulted in life-time registration as a “sex offender” — DISMISSED BY JUDGE AT PRELIMINARY HEARING
  • Grand theft by employee — DISMISSED AFTER REVERSAL ON APPEAL
  • Possession / under the influence of controlled substance — DISMISSED FOLLOWING SUCCESSFUL MOTION TO SUPPRESS EVIDENCE
  • Many successful appearances in traffic court resulting in Not-Guilty verdicts, dismissals, plea bargains and / or reductions in fine amounts.
  • Many successful petitions to terminate probation early / modify probation terms / convert probation from formal to summary / reduce felony offense to misdemeanor / expunge convictions.

Mr. Greene uses his experience and legal negotiating skills on each case to get the best results for his clients. Sometimes this means negotiating a beneficial plea bargain and not going to trial.

Non-Trial Highlights Include:

Only after preparing for trial and being sent out to the trial department, Greene was able to resolved a case where the client had been arrested for torture and kidnapping of a 13-year-old boy for a grant of “probation” and “house arrest.” If convicted of all seven felony counts, client would have faced 19 years in state prison.


Negotiated a “3-year/4-mos” prison term for assault with a deadly weapon and burglary, where client had been facing “Life” in prison for premeditated attempted murder, kidnapping and various other felony charges.


Successfully negotiated “No Registration” requirement in variety of sex offense cases.


Negotiated a “Probation and Time-Served” plea bargain to a reducible, non-sexual, non-registerable, child abuse charge where client had been facing 55-years-to-Life on multiple counts of molesting a child 10 years of age or younger.


Negotiated probation and no custody plea in high-profile case where client secretly videotaped a naked girl under the age of 18 taking a shower.


Successfully argued to the court for 10 days of Public Work Service where client embezzled $20,000.00 from employer over a one-year period of time. No jail time was imposed.


Successfully argued for probation where client pled guilty to a felony DUI after committing four DUIs within a ten-year period, the last two occurring within two years of one another. Prosecution sought prison.


Negotiated a one-year differed entry of judgment on a misdemeanor for client charged with felony possession of marijuana for sale and leasing property to a person engaged in unlawful distribution of marijuana. This mean both felony charges were dismissed and client’s sentencing hearing was delayed for one year. At the time of sentencing, his guilty plea will be withdrawn and the entire case will be dismissed. Client will suffer no conviction or punishment (including no fines) as a result of this plea bargain.


Negotiated a disturbing the peace charge and no jail time for client originally charged with felony battery (a “Strike” offense) and assault with force likely to result in great bodily injury resulting from a physical altercation at a neighborhood poker game.


Convinced Federal Agents not to move forward with prosecution of client for grand theft and fraud involving the United States Postal Service. At the time of the allegations, client was serving a probation sentence for conspiracy and grand theft from a military base (a crime for which client previously served no jail time). The new matter was resolved out-of-court and client is now off probation altogether with his criminal record expunged/cleared.


Negotiated “Probation and Time-Served” plea bargain for a client facing 200-years-to-Life if convicted at trial of two separate incidents of rape, kidnapping for rape, and sexual assault offenses.


Where client had been charged with inflicting some 16 fractures/breaks to her eight-week-old child, negotiated a plea whereby the court would have the power to sentence client to probation and one-year in county jail or, as the prosecution requested, five-years in state prison. The court sentenced the client to probation and a “county-year.” Successfully petitioned the court to release client a few weeks early to allow her to move out-of-state.


Negotiated misdemeanor Disturbing the Peace plea where client and co-defendant had been charged with multiple counts of Robbery, Assault and Battery resulting in great bodily injury.


Negotiated no custody, no counseling, summary probation and a misdemeanor plea to Delaying an Officer, where client had been charged with Felony Domestic Violence Battery, Felony False Imprisonment, Felony Dissuading/Intimidating a Witness, and Felony Resisting an Officer with Force.


Negotiated no custody and probation for client who had 7-years of prison stayed pending successful completion of probation and then violated probation by possessing a controlled substance.


Negotiated 13-days of jail for client who committed three DUIs over a six-month period. The law typically requires a minimum of 120-days jail if a person commits three DUIs over a 10-year period.


Negotiated several cases that resulted in infraction convictions for Disturbing the Peace where clients had been charged with resisting arrest, assault/battery, simple possession of marijuana, theft, commercial burglary, drunk in public, and misdemeanor domestic violence charges.


Negotiated Misdemeanor assault plea and no jail time where client had been charged with multiple counts of felony assault & battery resulting in great bodily injury (which has a maximum possible sentence of seven years in state prison).


Negotiated six-year prison term for voluntary manslaughter where client had been charged with second-degree murder.


Where client crashed his car due to being under the influence of both drugs and alcohol resulting in serious bodily injury to his passenger, negotiated a credit-for-time-served sentence from the court and assisted client in getting into a quality drug/alcohol rehabilitation facility.


Negotiated five-year prison term (to be served at “half-time”) for pre-meditated attempted murder, assault w/ semi-automatic weapon case that carried “life” if convicted at trial.


Obtained dismissal from the court on torture and aggravated mayhem charges (which result in “Life” sentences) paving the way to a very reasonable plea-agreement on the remaining charges involving premeditated attempted murder, assault with a knife, and personal infliction of great bodily injury. Client will be released from custody in less than ten years.


Convinced the prosecution to agree to probation for client charged with burglary and grand theft of a convenient store, and then convinced the court to sentence him to only 90-days custody, where client had more than 20 prior felony convictions and 5 “prison” priors.


Successfully negotiated with the court and/or prosecution reductions to misdemeanors in felony theft-related case (where losses exceeded $60,000) and assault cases, including one case where client admitted to assaulting police officers in the commission of his offense.


Negotiated a probation sentence for client charged with a gang-enhanced attempted murder/stabbing case. Client served only 180 days of custody in the county jail pending the disposition.


Negotiated a “wet-reckless” charge where client was charged with a DUI and a blood-alcohol concentration of .19% (almost two and a half times the legal limit).


Negotiated probation and one-year in county jail for client who stabbed an unarmed man during a street fight. The prosecution had argued for six years in state prison.


Negotiated one reducible felony count of theft where client was charged with twenty-three felony counts of multiple acts of first-degree burglary, elder-theft and conspiracy. Client was sentenced to “summary probation” for only eighteen-months and did not serve one day in jail.


Negotiated a five-year prison term where client was facing twenty-five-years-to-life on a “three-strikes” case where the most recent charges involved vehicular assault on a police officer.


Obtained a dismissal on charges of assault and battery with a knife (stabbing case) based on a factual finding of innocence.


Negotiated misdemeanor plea for client charged with felony perjury and insurance fraud resulting in summary probation and no jail time.


Despite strong opposition from the prosecution, successfully argued for probation and no jail time following a conviction at trial for lewd and lascivious conduct (oral copulation) with a minor under sixteen years of age.


Negotiated no jail time for client who pled guilty to possessing more than thirty pounds of cocaine for purposes of sales.


On separate occasions, successfully convinced judges to stay or impose Work Furlough in lieu of the mandatory minimum ninety-day jail requirement for a person convicted of failing to register as a sex offender. At the respective times, it was believed to be the first time either result has occurred in San Diego County.


Filed and successfully argued many petitions to reduce convictions from felonies to misdemeanors (or even infractions), terminate probation early and expunge convictions.