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AttorneyTom, Lawyer
Category: Criminal Law
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Experience:  Attorney
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I got caught shoplifting and charged with assault. First time

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I got caught shoplifting and charged with assault. First time offense. No one got hurt but i kept shoving the store owner off me as he held on to me . Whats do you think the outcome at court will be. Fines, community service, Jail time .
Submitted: 6 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 6 years ago.
Under which statute(s) were you charged?

Customer: replied 6 years ago.
where would I find that ? I don't understand your question
Expert:  AttorneyTom replied 6 years ago.
The statute(s) would appear as a series of numbers on any documentation received from officers at the time of the incident.
Customer: replied 6 years ago.
Sec A1 13-1805
Sec A1 13-1293
Expert:  AttorneyTom replied 6 years ago.
Thanks for clarifying! I'll pull those statutes up and get back to you as soon as possible.
Expert:  AttorneyTom replied 6 years ago.
Section 13-1805 pertains to shoplifting.
As long as property is valued at less than $1,000 (and provided it's not a firearm), shoplifting is a Class 1 Misdemeanor.
A Class 1 Misdemeanor is punishable by a fine of $2,500 and up to 6 months of incarceration.

Section 13-1203 (you wrote 1293 but I think you meant 1203) pertains to assault.
"Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor."
A Class 1 Misdemeanor is punishable by a fine of $2,500 and up to 6 months of incarceration.

That said, these are the maximum penalties. In many instances, lesser penalties may be negotiated, even if a charge can't be completely defeated.
For example, it's possible that it adjudication might be withheld in some scenarios, meaning that an individual would pay a fine and serve probation, after which charges would be dropped.
Therefore, it's important to retain an attorney so that your attorney can attempt to negotiate the most favorable outcome possible for you.

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
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Customer: replied 6 years ago.
I guess a lawyer would be necessary if i want a chance at getting off with a lesser charge is that correct?
Expert:  AttorneyTom replied 6 years ago.
It's not necessarily true that hiring a lawyer is necessary to arrange something favorable.
That said, realistically, you'd stand a better chance with a lawyer than without.
I would never advise someone charged with a crime to try to navigate the system without a lawyer.
The fact is that, in reality, you stand a much better chance of accomplishing your goals if you retain competent counsel, as the legal system is complex and often confusing. Your attorney will then be able to help you protect your interests and attempt to reach your goals.

Thank you for clicking accept!