SAN FRANCISCO, CA – In San Francisco Superior Court, Judge Simon Frankel granted a Penal Code section 17(b) motion to reduce a felony assault charge to a misdemeanor for a senior woman with limited mobility who had been accused under Penal Code section 245(a)(1), assault with a weapon.
Judge Frankel said he was inclined to grant the motion, citing the woman’s lack of serious criminal history since 1995, her age and health, and the nature of the crime, which he described as serious but on the lesser end of the spectrum.
Assistant District Attorney Elliot Brooks objected to the motion. He noted that the woman had a number of arrests for battery with violence since 2019 and pointed out that the victim was just passing by when coffee was spilled on her, causing burns. Brooks emphasized what he described as a lack of accountability and asked the court to impose one year of probation and a stay-away order if the 17(b) motion was granted.
The public defender countered that the accused had already lost housing and was taking the matter seriously. Counsel noted that there had been no violations in the four months since her arrest.
Judge Frankel ultimately granted the 17(b) motion, stating, “This is serious,” but explained that for the reasons he laid out, he was reducing the charge in Court 1 to a misdemeanor.
The public defender rejected the offer by the district attorney’s office, leaving no offer in place. The next hearing is set for September 17 in Department 17.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
