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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 28499
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My husband had a fight with a guy he had problems with 3yrs

Customer Question

My husband had a fight with a guy he had problems with 3yrs ago..but this time he cut him in the chest with a razor blade the ones that have the box cutting ones. Will he be facing a felony or can it be a misdeminor and will he get out today? It happended last night..
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Send the answer to me via mms plz.(###) ###-####
Customer: replied 1 year ago.
(###) ###-####
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. We're unfortunately not able to text answers.
The District Attorney has a lot of discretion when deciding what to charge. Because a razor blade can be considered a deadly or dangerous weapon, it is possible that he'll be charged with assault in the second degree, which is a Class D felony. If the other individual was injured, then he could be charged with first degree assault instead, which is a Class B felony. That doesn't mean that he'll be CONVICTED of first or second degree assault - it is always possible to negotiate a plea and some prosecutors will charge someone expecting that the accused person will agree to plead guilty to a lesser charge.
Your husband should be able to get a hearing today or tomorrow for an arraignment, where the judge will explain the charges against him and give him a chance to plead not guilty. At that point, he can ask the judge to appoint a lawyer for him if he cannot afford one, and the lawyer will request bail. The judge has discretion on how much bail to set - how soon your husband gets released may wind up being based on how long you need to get the money together. The amount typically depends on which crime a person is charged with, the facts surrounding the allegations, and the person's criminal record.
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