Drug Induced Assault
My question involves criminal law for the state of: New York
Recently a family member was charged with assault 3rd degree misdemeanor (originally was a felony) for pushing down a stranger and resisting arrest. It took many officers to take him down and he pulled the billy club of one officer which cause officer to fall. He was on LSD and thought that everyone, including stranger and police, were trying to kill him. He was also saying that he needed to get to the hospital at the time though most of his words were gibberish. He's now been in drug treatment and seems scared straight. My question: The DA has now offered a few months in jail and then probation. Is there a way this can be plea bargained to no jail time or even a citation? Is drug induced insanity even a practical plea, considering he took the drugs? The stranger was not injured that I know of. He is in early 20s with no prior arrests. Thanks!
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