Legal Question in Criminal Law in New York
Criminal charges vs, the verdict
My friend was charged with second degree murder. He has no violent past or record and there are a lot of mitigating circumstances. The DA won't plea bargain to Man 1, so it will go to trial. If his lawyer proves his case, can a jury reduce the charge to man 1, or is it all or nothing in a case such as this?
Asked on 12/10/08, 5:44 pm
1 Answer from Attorneys
Robert Reuland
Law Offices of Robert C. Reuland, P.C.
Re: Criminal charges vs, the verdict
Depends. First of all, his lawyer has no burden of proof and has to prove nothing. Second, if the jury is given the option of Man 1 on the verdict sheet they can convict on that, or murder, or they can acquit. Sometimes the DA won't charge a lesser included, such as manslaughter, so the jury can't "compromise" and have to vote all or nothing.
Answered on 12/10/08, 5:59 pm
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