Criminal Law Questions? Ask a Criminal Lawyer.
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I certainly understand your concern. It is not uncommon for the State to over charge a person and then once the facts are looked into, showing what can actually be supported and proved at trial, to have the charge amended to a lesser crime. It appears that is what is happening here, where the prosecutor is seeing there is no legal basis to proceed or evidence to support, a felony assault charge. As such, in their opinion, the facts/evidence suggest a lesser charge of harassment. They can amend it and proceed on that, if they wanted to. The decision would then amount to proceeding to trial and if the State would be able to prove the charge beyond a reasonable doubt, based upon the context of the phone and anything else, which you are alleged to have done. The decision is up to you if you want to take a plea or go to trial. Your attorney is supposed to act in your best interest and properly advise you of your options. However, the final say is up to you.
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