The headlines read "Cops: She was prisoner in her own home; U.D. man charged with abusing grandmother". This man was represented by our criminal defense firm at a guilty plea proceeding that occurred last week in the Delaware County Courthouse. Although the police did not have the evidence to go forward with the false imprisonment allegations on the grandmom, Mr. Malm did plead guilty to the charge of Simple assault. The police alleged that Mr. Malm grabbed his grandmom by her arms and pushed her wheelchair into the wall of her basement apartment. The injuries documented were bruising to the arms and stomach injuries from the impact of the chair hitting the wall.
On this case, the sentencing guidelines called for a sentence in the standard range of anywhere between 6 - 14 months incarceration. Minutes before a jury was to be impaneled, Assistant District Attorney, Robert Manzi offered Mr. Malm a plea deal to time served - 23 months along with the provisions that he get a psychological/drug and alcohol evaluation and that he refrain from living at or visiting his grandmother's residence on the 200 block of Westpark lane. It was a decent deal for Mr. Malm. He was housed in Delaware County Prison on $20,000 cash bail for approximately 4 months.