Client Charged with Five Felony Firearm Offenses Pleads Guilty to a Misdemeanor with No Jail Time

Kelly’s client retained her after being charged in Pine County with five serious felony counts, including Felony Second Degree Assault with a Dangerous Weapon (Firearm), Felony Possession of a Short-Barreled Shotgun, Felony Possession of a Firearm with a Serial Number Removed, Felony Terroristic Threats, and Felony Receiving Stolen Property. He was also charged with Gross Misdemeanor Obstruction of Legal Process for pointing a gun at the police, and  Misdemeanor Domestic Assault. Kelly was persistent in her approach to the case – she first challenged the state’s method for measuring the barrel of the shotgun involved, and challenged the state’s presumption a separate firearm was required to have a serial number. After a contested hearing where Kelly presented evidence, the state dismissed those two charges. She next challenged whether the state could prove her client knew or had reason to know a firearm he possessed was in fact stolen. Next, she attacked the credibility of the alleged victim in the case as to the assault and threats charges. After numerous court appearances and a two-year battle during the pandemic, her client pled guilty to Misdemeanor Obstruction of Legal Process Without Force for fighting with the cops, no jail time, and probation for one year. Her client had been facing three years in prison if convicted, and was relieved to finally put the ordeal behind him.