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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114101
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was falsely accused of sexual assault. I received two ...

Resolved Question:

I was falsely accused of sexual assault. I received two misdemeanor class C tickets which the option of paying them or request a trial. My question is, if I requested a trial and I were declared quilty could the judge give me a more severe punishement or would the punishment be the same as paying the tickets only. My concern is going to court, lose and worsen my situation that so far is paying the tickets and have a criminal record on my back. Thanks for your answer!
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
You are lucky that they gave you a class c misdemeanor for a sexual assault. If you have evidence in your favor, then you should go to trial, but the maximum sentence the court could impose is only a fine of up to $500, no jail time, since a Class C Misdemeanor does not carry a jail sentence. You should try to work a deal where you could plead no contest in exchange for having the record expunged after a certain time with no further charges.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Customer: replied 8 years ago.
Reply to PaulMJD's Post: Your answer is helpful, but the specific concern is: Could the judge change the misdemeanor class C to something worse after hearing what the prosecutor and the plaintiff have to say? If he can, is it something that usually happens in a trial when fighting misdemeanor charges?
Expert:  Law Educator, Esq. replied 8 years ago.
The judge cannot increase the charge during a trial. The prosecutor cannot increase the charge during a trial. The only thing that could happen is that before any trial, the prosecutor could re-indict you on a more serious crime.


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.