Monday, June 16, 2008

News on "A"

OK, had another "meeting" today. They've changed the charges again. And now have a plea bargain.... Willful Injury (non-serious) which is a Class D felony with a maximum of five years in prison with another five years probation plus $750 fine; and trespassing with intent to injure as a serious misdemeanor with a maximum of 30 days plus $250 fine; plus medical expenses and any loss of wages; all to be followed by a anger management course.

I really, really don't want him convicted of a felony. And we said all along that if they dropped the charges to assault, that "A" would plead guilty. However (little did I know) that assault is the threat to do harm... so, technically in my humble (non-legal) not-to-be-held-against-him-in-a-court-of-law-opinion - he might be guilty of injury. Do I think he needs to be punished? Yes - Do I think he deserves five years in prison? No. It bothers me to no end, that people who are guilty of murder have been known to plead down to willful injury. Not that I want to minimize in ANY way the act nor the injury - I will say that he did not need stitches and did not miss any work... it was a fight. A fight over a girl. To me? This is a little overkill. If they had filed charges of assault as a misdemeanor, I would be FULLY in agreement with those charges and pushing "A" to plead guilty and do 30 days. But, that's not the offer.

Funny, I never did manage to get any policeman to let me press assault charges on my abusive ex, because the visual evidence of harm was so weak. Since when does assault not involve actual harm? Kind of bogus, I think.

Anyway, back to task. So, here's the rub. Based on the legal definition of the two crimes? I personally believe that the definition fits the act for willful injury. Trespassing being knocked down to a misdemeanor is actually a good thing, as honestly? He technically wasn't trespassing. So, if he doesn't plead guilty to the plea, I'm afraid the only benefit to going to court would be the dismissal of the trespassing charge - which is only 30 days and NOT a felony. I'm afraid he would still be convicted of the felony.

I'm fully aware that there is the possibility he might get off on all charges. But, the likelihood of that happening, is next to null now that they've changed their charges. Based on the new charges? The likelihood of getting convicted of the felony? Pretty high. He did go in there, start throwing punches and did cause harm. D*mn. There's not a thing I can do. Nothing.

Its up to him if he takes the plea bargain. I'm not sure really what it's gaining him other than avoiding trial except the fact that the original charges (of up to 20 years) don't fit the "event" as much as these do. Given my limited experience with the justice system in the county of the event, I'm concerned that they have a tendency to convict even with "shadow of doubt". This just s*cks. But, he got himself into it, it's up to him to own up to it and figure out what he's going to do about it. I'm not going to step in and "fix" it for him (even if I could). Though I do wish I could at least lesson it... but that too is out of my hands.

No comments: