Many factors will influence prosecutors in how the charge a criminal offense. Most often it is the variable of injuries that will persuade their final decision. However, many times misdemeanors are overcharged as felonies, and a person ends up facing charges and proving innocence on a much higher charge than it should have been. This is why the services of a Los Angeles Criminal Defense Lawyer are crucial from the very beginning of your case.
When a person has been charged with an offense, the case will be submitted for review by the Prosecutors. The prosecutors will review the facts and make a determination of whether or not the case will move forward, and whether or not it will be charged as a misdemeanor or felony.
Misdemeanor cases will generally involve minimal injuries. This includes cuts, scrapes, minor sprains. This may also include minimal damage.
Felony cases are cases in which there is significant bodily injury or death. This includes broken bones, fractures, and other situations which place a person in a coma or intensive care.
It is very important to have a skilled and knowledgeable Los Angeles attorney on your side. Oftentimes prosecutors may overcharge the offenses, and will negotiate them down in Court to get a guilty plea. This will have a big impact on your overall criminal sentence. This is a very crucial issue, and one that should not be taken lightly. Let’s consider an example to fully understand the consequences and impacts of being overcharged.
Dina was charged with a felony hit and run for having struck a pedestrian. In court, Prosecutors informed her that if she pleads guilty, they will reduce the charge to a misdemeanor and will not give a jail sentence. Dina immediately hired a Los Angeles Criminal professional. The attorney requested evidence and police reports to review the arrest and the facts in the case. The attorney also spoke to the victim and requested medical bills and diagnosis with the victim’s consent. The attorney found that the medical bill for the victim was only $800.00 and the cost of property damage was only $700.00. This caused the attorney to question the injuries, and he found that they were mere sprains and no significant. The prosecutor had overcharged the offense so that they could negotiate it down. Dina would not have faced jail time either way for the facts of her case.
Having the attorney on her team, and with his years of experience and knowledge, Dina was able to demonstrate to the prosecutors that they had overcharged her and the offense should have been a misdemeanor from the beginning. This allowed Dina to get the charges reduced even lower.
If you are facing charges do not take a chance with your future. Seek the guidance of a Los Angeles lawyer as soon as possible so that they can begin investigating the facts of your case right away. The facts and the lawyers expertise can make a huge difference to your future.