How Can A Florida Felony Charge Be Reduced To A Misdemeanor?

Any criminal charge needs to be aggressively handled especially when you’ve been charged or arrested on a felony in Florida. A felony charge by definition means that if you’re convicted you may be sent to prison or receive probation for at least five or more years. For many felonies the mere arrest or accusation could result in loss of a job, loss of reputation and being shunned within your community.

Change the Felony to a Misdemeanor

Change the Felony to a Misdemeanor

It’s important to minimize the chances of the charge ruining your life by making sure you hire an effective criminal defense lawyer who will energetically handle your case. An effective defense to any felony charge begins with finding every weakness in the prosecutor’s case and bringing those weaknesses to the attention of prosecutors.

In Clearwater, Florida Pinellas prosecutors may be willing to adjust the charged offense down to a misdemeanor if certain conditions are met that undermine an effective felony charge. One way to do this if for your defense lawyer to persuade prosecutors can be shown that the felony charge over-represents the alleged misconduct. For example, in an aggravated battery case prosecutors may be willing to reduce a felony aggravated battery charge to a misdemeanor simple battery if it can be established thru medical evidence that the victim’s injury was not as serious as the arresting officers initially believed.

Another way to have your felony charge reduced to a misdemeanor is making effective arguments against the nature of the charge itself by making the credibility of witnesses an issue in the case. The weaker the initial felony charge becomes, the more untenable it will be for prosecutor’s to defend the initial charge and arrest made be the police. It can be very effective to place the prosecution in the position of having to defend an unreasonable arrest.

When it can be established that the arrest itself was questionable, then all of the underlying assumptions about the case may also be questioned by prosecutors. This self doubt within the law enforcement framework is important leverage that may be used to further undermine the entire arrest.

If no criminal conduct can be proven then the case may be no filed by the prosecutor. But in most cases where there has been a felony arrest the state attorney’s office will be disinclined to no file if there is any evidence at all of criminal intent – even if that evidence is not entirely coherent or consistent. In these cases neither side may want to risk a criminal trial so the possibility of a reduction of the felony charge to a misdemeanor charge becomes more likely.

 

Part of being a strong advocate for a client is knowing which levers to pull in order to get the best possible results. If you have been charged or arrested with a felony in Tampa Bay, Florida then it’s essential to call defense lawyer Robert Hambrick as soon as possible so you have an energetic lawyer on your side capable of persuading prosecutors at the state attorney’s office to reduce your felony to a misdemeanor.

 

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