Capital Felony Reduced to Misdemeanor

Timothy P. Flynn

Case Conclusion Date:October 24, 2011

Practice Area:Criminal Defense

Outcome:Plea Reduction Offered

Description:This client was initially charged with two counts of 1st degree criminal sexual conduct. After the preliminary exam, the district court judge reduced the case to one count of CSC 3rd degree and one count of CSC 4th degree. After our extensive motions in the case, just prior to jury trial, the prosecutor offered our client two misdemeanor counts of CSC 4th and a sentence of probation. Unfortunately, the client rejected the offer and we tried the case. He was jury convicted; my first trial loss in four years. Probably should have taken the plea deal, but we never shy away from a client's right to exercise their right to a trial by jury. At sentencing, we were able to convince the judge to sentence our client to the very low end of his guidelines even though the prosecutor wanted the judge to sentence him to the very top of his sentencing guidelines.

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