Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry to hear about your friend's serious situation.
Does this fried have any prior criminal history?
I can be more exact and tell you the charges if you wish?
Sure please let me know all the charges?
its a dv case. misdemeanors are for attemted assault to inflict harm
also stalking 4th also criminal contempt for vilating restraing order and coming late to court
also 2 e felonys for crriminal tresspass and breaking property
He is in big trouble. He told me his lawyer wants him to plead guilty and no jail time but everyone else says in a dv case nyc 3 e felonys he will do time
Thank you for this follow up.
btw these cases are in 2 seperate courts queens ny for the assault last dec and nyc for the latter all criminal court
Given the seriousness of the charges and the 2 felony charges for trespass and breaking property, as well as, violation of the order of protection, it is more than likely that your friend would be sentenced to do at least 1 year on the more serious felony charges.
Also, since these are two separate criminal cases, the likelihood of jail time is even more likely.
can they be downgraded? cause she wrote a letter to the court to drop the tpo and not pursue this. I think she is nuts
Even if your friend's attorney negotiates a plea bargain deal, there is not guarantee that your friend won't be sentenced to jail / prison by the judge
It is not up to the victim/gf whether to pursue these charges
It is up to the DA
They can prosecute and pursue charges even if the g/f wants the charges dropped and the DA will be able to compel the victim to testify or face jail for contempt or false report...
that is what I was thinking he has anger issues. I think he should do at least anger management and probation but he doesnt think so. I kknow she has no say
Well, if your friend decides to take this charges to trial, he can face up to 4 years in prison upon conviction.
Needless to say, these are all very serious charges.
How old is your friend?
well the two cases are july 2 and july 11. i guess we will see what happens. but you do think he might do some jail time even if it is his first arrest? does the assault count as 1st arrest and violation of tpo count as the second offense?
These are two separate cases
I really think that it will be difficult for your friend to avoid at least doing some jail time, no matter which way he chooses to go (plea deal or trial).
he is 36
Well, conviction of a felony would also make him loss many civil rights.
i know and he was studying for a real estate license which he wont be able to get in nys with a felony conviction
his fault he has to grow up and control his anger
I know this is your friend and you do care for him, but it is important that I do provide you with correct answer, even though I know reality might not be kind to your friend's situation.
Do you have any related follow up questions for me?
No you have been very helpful You have answered all I need to know. Thanks
Thank you and I wish you and your friend the best of luck!
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ok thank you
Thank you and GOD bless you!
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