Is there a lesser charge i can plea for from assault and battery? Would it be unwise to plea guilty?

Asked about 4 years ago - Saranac, MI

I was involved in a fight at school in which i confronted another girl who was teasing me and proceeded to hit her. There was a warrant for my arrest issued and now I have a court date. I was going to go to court and plea guilty and hope that my clean record would allow for some leniency of the court... would that be unwise... I am trying to avoid any additional costs besides any fines that may be associated. If i do decide to plea not guilty then would i be able to get a lesser charge?

Attorney answers (2)

  1. Cy M. Abdo

    Pro

    Contributor Level 13

    Answered . Get yourself a lawyer. You may be eligible for a diversion type program depending on your age. If you are under age 17, the matter will be handled in the juvenile court. If you are age 17 to 20, you will be charged in the adult-district court and would be eligible for YTA which means that the matter can be dismissed if you comply with the court conditions.

    MCLA 762.11: This provision applies to offenders after the individual’s 17th birthday and before the individual’s 21st birthday. An individual who is sentenced pursuant to MCLA 762.11 (also known as the Youthful Trainee Act), may be entitled to discharge and dismissal of the proceedings upon compliance. The court, in its discretion, may revoke a person’s status as a youthful trainee before final release. Youthful trainee status is not available for certain offenses, including but not limited to offenses involving life in prison or major controlled substance offense.

    Your other question pertaining to a reduced crime/charge is not sensible. Your may try to get a reduced charge such as "attempt assault and battery" but this does not help you because you will still have a record of an assault related crime. There isn't a charge much lower than assault and batttery unless the prosecutor amended the case to a civil infraction. You need a lawyer.

    Again, get a lawyer. If you go to court and plead guilty, this will be on your permanent adult record. An assault crime does not look good on your record.

  2. Loren M. Dickstein

    Pro

    Contributor Level 17

    Answered . If you cannot afford to hire an attorney, request a court appointed lawyer. The charge against you is very serious and it can effect your future. Do not develop a plan of how to deal with your case before you consult with an experienced attorney and consider their advice. It is very likely that a lawyer will know a way to help you that you simply are not aware of or wouldn't know about because you are new to the criminal justice system.

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