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  1. #1
    Join Date
    Dec 2005
    Location
    california
    Posts
    2

    Default Can a jury drop felony charges to a lower charge

    Can someone please help to sleep at night. My husband is going to trial in Febuary for assaulting a teenage boy in a store for molesting our daughter. because it happened in a store, he is charged with burglery even though he didnt steal anything, assault with a deadly weapon (his Hands), injury upon a child(some bumps and bruises) and terriorst threats, (he told the kid he was going to cut him up for what he did to his daughter). My husband has no criminal record, is a hard worker and on a school board. I am not saying that he didnt do anything wrong, he was just so distressed over what happened, he lost his mind for a little while. I have never been on a jury, so my question is it possible for a jury to drop some of these charges completely or at least lower them from felonys? My husband does admit to grabbing the kid and threating him. Or because he admitted to grabbing him and shaking him up, will the jury have to give him a quilty verdict on that felony charge? or can they say not quilty because he had reasonable motive for grabbing the boy.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    He was likely charged with burglary because the state showed that he entered the business with the intent to commit a felony - in this case, assault with force likely to cause injury, and, perhaps, felony child endangerment.

    And while a jury cannot drop the felony to a misdemeanor, they can opt to find him not guilty of the felonies. And if they are offered lesser offenses to choose from, they might be able to choose those instead.

    However, I am not well-versed in the ins and outs of how this works in court, and I know there are some circumstances where a jury can find for a lesser included offense, and others where they can only choose from those presented. What these situations are, I don't know, but I am sure that someone will happen along to let you know.

    - Carl

  3. #3
    Join Date
    Dec 2005
    Location
    california
    Posts
    2

    Default thanks

    thanks carl, we have never had an experience with the law before, so i am just curious to know if the jury has the option to make the punishment fit the crime. It just looks so horrible on paper with all these charges, when in reality all he did was shake up the kid and scare him. It wasnt right but what would a resonable parent do when they have just discovered that someone has been molesting their little girl for a few years (our sunday school teachers son). because he admits to it, there is no way out of saying he didnt do it, (besides it was on store video) he just seems crazy that he could go to prison for years for someone who has never so much as had a speeding ticket, and in reality no one was injured other than some bumps and bruises and maybe their pride. It doesnt look good though when you are a grown man assaulting a teenage boy. It is just scary. Thanks again!!

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