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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16448
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Pled to attempted assault 2nd degree 110/120.05(2) e felony

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Pled to attempted assault 2nd degree 110/120.05(2) e felony non- violent. This charge makes no sense, it was original assault 2nd degree a B felony with intent to cause injury w/ a weapon
Submitted: 5 years ago.
Category: Criminal Law
Expert:  replied 5 years ago.
Hello. My name is XXXXX XXXXX I will be glad to help you.

Unfortunately when you enter into a plea bargain agreement, the DA simply agrees to recommend certain sentence and there is no guarantee whether the judge would sentence you to a more or a less severe punishment.

If you feel that your counsel did not clearly explained this to you, you can file a motion to withdraw your plea, but it would be an uphill battle and the state can throw a book at you if you are convicted, as well as you would still be facing your original charge.


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Customer: replied 5 years ago.
Can anything be done by asking the charge after completion of the sentence to al lessor charge so my daughter can finish college and get her specia education teaching license. This is her first offense and has only on semester left to graduate.

Expert:  replied 5 years ago.
Unfortunately there is no way to reduce a felony conviction in NY to a lesser conviction of a misdemeanor after the sentencing.

The only option to obtain relief from being branded as a felon is to petition to the governor's office for a full pardon, which are granted very rarely and only under some compelling circumstances.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
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Alex J. Esq. and other Criminal Law Specialists are ready to help you