Legal Question in Criminal Law in California
possibilitys of getting a feliony charge redused to a lesser charge
i was charged with (assult on a police officer) and i dont think this is right becouse at the time a doctor had me on medication that madw me act not normal for my personality. please help--name removed--
3 Answers from Attorneys
Re: possibilitys of getting a feliony charge redused to a lesser charge
The case is over, and you lost. Nobody cares at this point what drugs you were on when you assaulted the cop.
If you successfully completed probation and did not serve state prison time and the case could have been brought as a misdemeanor, you can have a lawyer file a motion to have the case reduced to a misdemeanor and then expunged.
If you are ineligible to have the charges reduced, and you have been free of criminal involvement for five years after the end of your parole, see an attorney about applying for a certificate of pardon and rehabilitation.
If I am reading your question incorrectly, and you haven't been convicted yet, get a good lawyer.
Re: possibilitys of getting a feliony charge redused to a lesser charge
It is possible that being on medication could provide you with a legal defense, although such a defense would not be easy to establish. Also, this fact could put you in more favorable light with the prosecution and the court in order to obtain a favorable disposition to your case in terms of plea to a lesser charge and/or sentence.
That said, assaults on police officers are never treated lightly. This sounds like a serious charge for which you need a good lawyer.
Feel free to contact me if you desire additional consultation and are seriously considering retaining an attorney.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: getting a feliony charge redused- Top Felony Attorney: Michael Gusiti
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Whether a crime is charged as a felony or a misdemeanor makes a big difference in the life of the person charged. For one thing, a felony generally carries much more severe penalties than a misdemeanor, even when they are otherwise the same crime. Felony charges carry more time in prison or jail and higher fines, and are less likely than misdemeanors to offer parole, diversion programs or other alternative penalties.
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