How do you get a felony dropped to a misdemeanor?

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How do you get a felony dropped to a misdemeanor?

How much time can you face if charged with 18-3-203(1)(g) ASSAULT 2-CAUSE SERIOUS BODILY INJURY in CO? I have the discovery report and it states that the victim did not want to press charges and the only witness that had given statement no longer wants part of it. He/she cannot be found at this point. The victim did suffer a broken nose. No one was questioned and no statements where taken including mine which given the chance to explain would make this a “heat of passion” crime to my understanding given the fact the crime was committed in self defense. Should I speak with a criminal defense attorney? In Denver, CO.

Asked on September 19, 2010 under Criminal Law, Colorado

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The short answer to your question is YES, you should talk to a criminal defense attorney.  Once you have retained a criminal defense attorney, he/she will be able to present your case to the prosecutor and enter into plea negotiations.  This is standard in criminal cases.  Once your attorney points out the weaknesses and/or problems with the state's case, the prosecutor may be willing to offer an attractive plea deal.  This often includes offering the defendant a chance to plead guilty to a lesser charge (i.e., a misdemeanor) in lieu of taking the felony charge to trial.  In light of the fact that there is a potential self-defense issue in your case, it may be possible for your attorney to obtain a favorable resolution for you.  In any event, however, it is clear to me that you need to hire an attorney as soon as possible to prevent yourself from obtaining a felony conviction.  Good luck.


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