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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22531
Experience:  Handle criminal matters in both state and federal courts.
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I am again trying to get as many possible professional opinions

Resolved Question:

I am again trying to get as many possible professional opinions as possible....and this site has been extremely helpful ....so here goes...me and my now ex fiancé had an argument in nov which turned physical she hit me in the face and scratched my nose I pushed her away which resulted in her falling and separating her shoulder....no charges were filed until we finally broke up in feb...I in turn showed the pics to the police at the station filled out a report and charges were filed against her but the commonwealth attorney null processed my charges...what kind of punishment can I expect it is a first offense...if convicted can I appeal...thank you
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

 

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?

Customer: replied 1 year ago.
That is correct and no she didn't the commonwealth attorney made that decision
Expert:  Samuel II replied 1 year ago.

Hello

 

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?

Customer: replied 1 year ago.
I am asking both and I have hired an attorney but am still seeking all the info I can...also what is most likely punishment if covicted
Customer: replied 1 year ago.
I am still amazed that 3 months after incident she filed charges does that hurt her case
Expert:  Samuel II replied 1 year ago.

Hello

 

Thank you.

 

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.

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22531
Experience: Handle criminal matters in both state and federal courts.
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