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  1. #1
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    Default 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.

  2. #2
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    Default 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.

  3. #3
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    Default 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.

  4. #4
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    Default Re: Can You Get a Felony DV Charge Reduced to an Infraction

    Quote Quoting Highwayman
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    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.

  5. #5
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    Default 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.

  6. #6
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    Default Re: Can You Get a Felony DV Charge Reduced to an Infraction

    Quote Quoting asa_jim
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    ...end up as a plea to either simple battery...
    We don't know what that means here in New York.

    Just as an FYI.

  7. #7
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    Default 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).

  8. #8
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    Default Re: Can You Get a Felony DV Charge Reduced to an Infraction

    Quote Quoting Highwayman
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    We don't know what that means here in New York.

    Just as an FYI.
    Surely you are making a joke. You seriously mean that a New York attorney would not understand what an attorney from another state means when he differentiates between DV and simple battery? Even though New York calls it assault, I know for a fact that all licensed attorneys in NY went to law school, and while in law school they studied the common law, and therefore they would absolutely know what I'm talking about when I differentiate between DV and simple battery. Any attorney who truly could not understand me (as opposed to pretending not to) is too stupid to be practicing law, frankly.

    Quote Quoting flyingron
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    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).
    Charges are amended all the time to legally fictitious charges in order to dispose of a case without trial. Resolving a DV case to disorderly conduct, for example, is a legal fiction because the facts rarely satisfy the elements of disorderly conduct. Prosecutors will often make such a concession and the parties stipulate to a factual basis for the purposes of the plea. On some occasions it can even be amended to a civil offense. Resolving a criminal trespass case on railroad tracks can be amended to a civil pedestrian violation, for example, in exchange for a plea.

  9. #9
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    Default Re: Can You Get a Felony DV Charge Reduced to an Infraction

    You can amend things to a charge which may not describe what actually happened as long as the defendant will plead guilty. However, you got to make it something that is "non-fiction" in that it's an existant law. You just can't invent a statute.

  10. #10
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    Default Re: Can You Get a Felony DV Charge Reduced to an Infraction

    Quote Quoting asa_jim
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    Surely you are making a joke. You seriously mean that a New York attorney...
    Who said anything about attorneys? I have no idea what attorneys learn in law school.

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