Criminal Law Questions? Ask a Criminal Lawyer.
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I certainly understand your concern. This is a class E felony and is punishable by up to 4 years in prison, along with fines and court costs. As a first time offender, it is not likely that he would face and jail or prison time but a probationary sentence could result if he were to take a plea deal, instead of going to trial. The only way it would be reduced would be pursuant to a plea deal and that would be something which he would need to work out with the State. His attorney can look over the facts and see if it could be reduced to 175.30 which is a misdemeanor, based upon what transpired. He all depends on the facts and elements of the case, so a demand for discovery would need to be made and the attorney would have to investigate the matter, to see if he/she could get the State to go along with amending it.
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