Can You Get a Felony DV Charge Reduced to an Infraction
My question involves criminal law for the state of: NEW YORK
I was falsely accused of DV by a family member who has been torturing me for years, ATTEMPTED MURDER me, sexual abuse, assault, battery, breaking fingers, biting an arm, child abuse, beat me bloody since I was baby.
My court appointed attorney has convinced the court to withdraw and change my plea. He thinks I need psych treatment and wants to force me to be drugged. I don't have any psych issues, I was horribly brain damaged by the psych system and became a vegetable through forced drugging. I became homeless and retarded and a vegetable from forced psych druggings.
My court appointed lawyer forced me silent while brain damaged after 2 strokes and bedridden. I didn't tell judge DA about: attempted murder, sexual abuse, assault, battery, breaking fingers, biting of my right forearm, beating me bloody and child abuse. My attorney mislead me told me I would take temporary guilty plea since I was beaten in jail and being handicapped after 2 strokes, and suffocated from lung disease.
I was horribly beaten by a guard in jail and they suffocated me by withholding a ventilator.
My attorney does have law degree Fordham, MA Columbia. He believes I'm innocent but it takes an incredible burden to convince him of any point in my case. He told me to mess up not show probation so that the judge/DA might reopen the case.
He doesn't believe I'm handicapped when sever brain adamaged 2 strokes, beaten in the head, lung disease and didn't file attempted murder, assault, battery, sexual abuse charges against the person who falsely accused me.
I spoke to another local attorney in different County, Brooklyn Law School, former DA and he is more down to earth and said that he could get the felony D charge reduced to violation, 0 probation, 750 an appearance. This attorney handles mostly drug cases all criminal but not domestic violence (I've never done drugs in my life). I was accepted Columbia and going to do an Md/Phd.
Since I'm so handicapped I can't understand speech or hear I was given an interview at an adult home, should I try to take this for my case? Thank you very much.
Re: Can You Get a Felony DV Charge Reduced to an Infraction
If you have a lawyer who you believe can get you a plea deal for an infraction, and you trust that lawyer, you can hire the lawyer to take over your case.
Re: Can You Get a Felony DV Charge Reduced to an Infraction
I suffer 2 strokes, cerebrovascular accident. Life handicaps, mental retardation, aphasia, dysarthria, spatial neglect, hearing loss, inability process speech, attention handicap, multitask handicap. Blurry vision, double vision, confusion, fog. Bilateral weakness hands, legs, fainting. Hearing handicap malpractice unnecessary pharmaceuticals. Broken ankle fall. Suffer head trauma twice was attacked assaulted, brain damage, hearing loss. Sever asthma, sleep apnea with hypoxia, suffocate in sleep from airway collapse, diabetes, liver disease, glaucoma. Inability sit up fainting, low blood pressure. Lack of emotion inability feel anger from brain damage. had incorrect psych diagnosis
Re: Can You Get a Felony DV Charge Reduced to an Infraction
Which all the more indicates while you are ill-advised to deal with things pro se. Get an attorney.
Re: Can You Get a Felony DV Charge Reduced to an Infraction
It sounds fishy to me that any jurisdiction would reduce a felony conviction of DV to an infraction.
Based on all of your ailments I can understand why your original attorney would be skeptical of what you claim. You sound like a walking disaster zone and could be declared incompetent in a flash.
I wish I could access your Posting Hx but I can only see your last two posts.
Re: Can You Get a Felony DV Charge Reduced to an Infraction
No it can't be reduced to an infraction because there is no such thing in New York.
Re: Can You Get a Felony DV Charge Reduced to an Infraction
Quote:
Quoting
Highwayman
No it can't be reduced to an infraction because there is no such thing in New York.
OK, violation. Disorderly conduct or the lesser degrees of harassment.
Ain't gonna happen I would suspect.
Re: Can You Get a Felony DV Charge Reduced to an Infraction
If the prosecutor has a weak case and the defendant is afraid to go to trial, it very well could end up as a plea to either simple battery or even disorderly conduct. Happens all the time.
Re: Can You Get a Felony DV Charge Reduced to an Infraction
Quote:
Quoting
asa_jim
...end up as a plea to either simple battery...
We don't know what that means here in New York.
Just as an FYI.
Re: Can You Get a Felony DV Charge Reduced to an Infraction
No separate battery charge in NY, it all falls under assault and "simple" doesn't enter into it. It's assault of several degrees none of which are violations (i.e., less than misdemeanor).