Legal Question in Criminal Law in New York

Can a charge of a misdamenor be changed to a felony charge?

I was beaten by my boyfriend.The last time he did this I had marks all over my neck where he tried to choke me,a bruised eye,bloody lip/nose,cuts,2teeth that had to be pulled due to him cracking them,and 2 dents in my head that still haven't gone away along with a scare on my face.I went to the hospital that night but didn't press charges till 3 days later due to fear.The police took pics,and arrested him.He admitted to putting his hands on me,but said he was trying to get me off of him which was a lie.They charged him w/assault but as a misdameanor which he is now pleading not guilty to.He has a ''ugly''past(vehicular manslaughter,attempted kiddnapping ect)why would this be treated as a misdameanor and not a felony? Is there anyway to get them to change it to a felony?I was also told 2 different things.1)if he looses the most he can do is a year since it is a misdameanor2)if it goes to trial and he looses he can get more time.Which is true?Can I obtain legal aid since I don't not have an attorney?Can I go after restitution for pain/suffering and my scare? This also took place in my car in front of his uncle's house but I went in his uncles house 2 call 911 since he wouldn't give me my phone or keys.He pushed me out of his uncles.


Asked on 9/23/05, 10:30 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Can a charge of a misdamenor be changed to a felony charge?

A misdmeanor is 1 yr in jail trial or not. The DA can upfile to a felony before trial if they want to and have the evidence of ana ggravted assault. You do not need a lawyer for a criminal case. He can be ordered to pay medical bills or lost wages as apart of his criminal case. Pain and suffering is not allowed.

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Answered on 9/24/05, 1:26 pm


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