I am being charged w/ Assault w/ a deadly weapon which is a Felony & a strike. I was wondering during trial, if the court find out there are lies in my favor, is it possible for the court to drop the case to maybe a misdemeanor?
2007-09-03 13:35:59 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
you committed assault with a deadly weapon.. and you want a misdemeanor charge? you could've killed someone! shame on you! you should be in jail thinking about your violent actions and repenting, not trying to slither your way out of it.
2007-09-03 13:53:14 · answer #1 · answered by .jess 3 · 0⤊ 0⤋
The States Attorney can bargain the charges down to misdemeanors in return for guilty pleas if he wants. I would say that you should ask for a conference, but because it is so critical to your plans, I would suggest a lawyer. If you can't afford one, ask the judge to appoint a Public Defender. Tell him that you want to join the Navy and straighten your life out. Many years ago, someone stole my checkbook and drivers license and started writing bad checks. As the victim, the States Attorney asked me if I objected to him reducing the charge from felony forgery to misdemeanor "deceptive practices." The judge made it a condition of the plea bargain that he redeem the checks and join the Marine Corps. Oh. Since Xanax is a tranquilizer, you might be able to get a psychiatrist to issue a prescription after the fact and say that you were just self-medicating, rather than abusing drugs. That is another thing your lawyer could consider.
2016-05-20 22:14:01 · answer #2 · answered by michele 3 · 0⤊ 0⤋
Possibly. But, you don't seem to understand how it works. The charges won't be changed when you go to trial. However, the jury CAN still convict you of any lesser included offense, such as misdemeanor assault. When this happens, it is because the jury finds you culpable for the lesser offense, but not the greater one charged. This is how people who are charged with murder end up convicted, by a jury, of manslaughter.
2007-09-03 14:09:32 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
Any thing's possible especially here in Los Angeles.
There was this guy who got caught selling drugs to undercover cops. He got charged I think with 3 felony charges. Since the courts here are so overcrowded with cases he ended up in express court. This way his first time in trouble with the law so the judge dropped 2 charges. (I think he ended up with just a procession charge). Next he got sentinced to country jail but was released after only 17 days due to overcrowding !!!
2007-09-03 13:51:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends if the lies can be proven. If so, then yes it can be dropped but not to a misdemeanor, but to a lower felony. In most cases, depending on your criminal history, they may plea bargan with you.
2007-09-03 13:55:09 · answer #5 · answered by lilbreeze2000 3 · 0⤊ 0⤋
Ifi the judge wants to, he can instruct the jury that they can find you guilty of a lesser charge.
If you are guilty, why don't you just man up and try to plea it down yourself?
You should really be asking your lawyer this, do you have a PD?
2007-09-03 13:43:55 · answer #6 · answered by Joseph G 6 · 0⤊ 0⤋
it is possible, talk to an attorney and get them to try to lower the charges before you go to court. once it goes into court the chance or anything being lowered is extremely unlikely
2007-09-03 13:43:03 · answer #7 · answered by randini692000 3 · 0⤊ 0⤋