QUESTION
Why am I being prosecuted on a misdemeanor charge?
Asked on Jun 07th, 2015 on Criminal Law - New York
More details to this question:
I'm aware it's a felony to assault a nurse in NY, as well it should be. I had a panic attack, inadvertently made contact with a nurse, and I'm being prosecuted. However, the felony was reduced to misdemeanor assault. I'm convinced, considering my innocence and I plethora of evidence supporting me, I would have never been indicted by a grand jury. My question is: Although, a misdemeanor, I'm still being charged with assault. Shouldn't I be prosecuted on a felony charge?
1 ANSWER
Criminal Law Attorney serving New York, NY
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Goldberger and Dubin, P.C.
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The prosecutor may have decided to prosecute you with a misdemeanor assault charge based on strategy. It may be that the case against you is not very strong. You should have private counsel discuss the best way to defend your case.
Answered on Jun 08th, 2015 at 9:51 AM