Peter Blair | December 31, 2016 | Defense
If you have committed the crime of simple assault, you may be facing misdemeanor charges depending on the state laws regarding this crime. Assault can occur if you have threatened somebody without doing something physical, or it can be a physical attack or an attempt at said attack. The answer is: Yes, you can enter into a plea agreement with the help of your attorney and the prosecutor. There are many options available to you.
In one instance, you may have no choice but to agree to spend some time in jail, even if it is just for a short period of time. This could be your only option if you have a criminal record or if there is a mandatory jail sentence in your case. A prosecutor can also decide on this option if you were very close to committing a crime that was much worse and they have proof of such.
If you don’t have any prior charges and your crime was not too serious, the prosecutor and defense may agree that you can spend time on probation instead of prison. In these cases, the charges will usually be dismissed once you have served your time on probation. A conviction will usually not be entered unless you do something to jeopardize your probation sentence in some way.
You may also have the options of a diversion program or a plea to a lesser charge. If you agree to participate in a program such as one that includes counseling and finding employment, your charges may be dismissed. However, you will still receive a guilty plea if you do not complete this program. You may also take a plea to a lesser charge in some cases, such as disorderly conduct instead of assault. This is usually only an option if you have a minimal criminal record.
Your best option in any case is to speak to a defense attorney who can handle your case in every aspect. Call us today for more information.