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Old 10-16-2010, 12:00 AM
amberfairy amberfairy is offline
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Question Superior court charges modified?

I'm a bit confused about this process, and wondering if anyone's had any experience here.
My ex was initially charged in District Court, on multiple charges of Aggravated assault and battery w/a deadly weapon, as well as the attempted murder of my daughter, intimidation of a witness, etc etc...I think with the larceny charges thrown in he had a total of 7 charges altogether.
Now that the case has been moved to superior court, the DA explained to me that the attempted murder charge is harder to prove, so they might modify it to just aggravated A&B, deadly weapon, etc.
I'm curious as to whether the reduced charges would also mean a reduced sentence, regardless of whether he pleads out or not? (which he won't, he's claiming mitigating circumstances) Or if the trial goes before a jury do they still have the option of increasing his sentence if found guilty?

Feel free to ask for clarification, my brain isn't working properly these days. Thanks!
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Old 10-16-2010, 06:23 PM
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nimuay nimuay is offline
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Yes, reduced charges the sentence range may well be lower. Different states have different sentencing ranges for different charges, so no-one can tell you right now what to expect if he gets the charges lowered.

The jury will not have anything to say about his sentence if they convict him. That would be prescribed by law. The judge can, however stack the sentences on the individual charges by running them consecutively rather than concurrently. There are, however, state laws about how that can be done, too.
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