Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for this follow up question and update on your situation
So when you say the charges were Null Prossed - those are the charges that you filed against her and yet, the charges she filed against you are now pending? Is that correct? Did she have a local attorney to defend against the charges you filed?
Thank you for the information
And you want to know if you can appeal a sentence, if you are found guilty?
Or are you asking if you can appeal the DA decision to Nol Pros the charges you brought?
Have you sought the assistance of the public defender? Have you had an arraignment?
You cannot appeal the DA's decision Not to Prosecute. They always have discretion
And the only way you could appeal a sentence is if you have ineffective counsel or if the sentence is considered to be "cruel and unusual" for the crime. And if you take a plea agreement - say so that it is a suspended sentence in lieu of a jail term to avoid the tax payer expense of a "trial" then you would not be able to appeal unless you could show that you were mentally disabled and did not fully understand the terms of the plea agreement.
As to the punishment, it is a Class 1 misdemeanor and as such does carry a possible up to 1 year in jail and up to $2500 in fines.
However, your attorney should be able to negotiate a plea where you would get a suspended sentence, placed in a deferred adjudication (which means, that if you do not have any other criminal problems at all within that probation then the matter is not prosecuted and there is no record) So you should discuss that possibility with your local attorney. And, as I stated before, she has filed within the SOL allowed - but your attorney should be able to get the DA to place on the deferred adjudication or dismiss because it is apparent the only reason she filed was because of the break up - though that does not dismiss the facts that there was an injury.
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