My brother got arrested for a bar fight. 2 drunk guys came up to him after petty little argument and started punching him in his face. He threw a glass he was holding in his hand at the moment to get those guys away from him. The glass landed on one of the guy's face and my brother was arrested for second degree assault. He got bonded out the following day and his charge went up to first degree assault with deadly weapon when he appeared to court for filing of charges. Came to find out, the glass he threw cut that guy bad enough to be transported to ER and got over 20 stitches on his face. He has no prior. I want to find out what is ideal/reasonable plea bargain he can accept or it would be more beneficial to go to trial with heat of passion as his defense. Thank you.
This is an incredible complicated question that is fact-specific and relates to the DA position, the sentencing temperament of the judge and the prior history of the person charge. It will be impossible for anyone on this forum to tell you what the "ideal" plea bargain is without knowing the DA assigned to the case, the judge it is front of, the person's criminal history, and the specifics of this case. Simply put, only your client's attorney can advise him as to whether to take a plea bargain or take the case to trial. It sounds like he might already have an attorney. If he does not, he needs the best criminal defense attorney that he can afford as soon as possible.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
Criminal Defense Attorney
Chris is dead on. These cases are complicated and very fact specific. To quote Tom Cruise from A Few Good Men, "it doesn't matter what you think, it only matters what you can prove." He should spend some time with his lawyer discussing all of his options.
First degre assault with a deadly weapon is classified as an extraordinary risk crime and a crime of violence in Colorado. It is also a mandatory prison sentence between 10 and 32 years if its charged as an F3 or 16 to 48 years off its charged as an F2. A heat of passion defense knocks the level down by 2 and out of the mandatory DOC and crime of violence enhancements.
Last thing: he can be charged with two separate counts of 1st Degree Assaust; one with a deadly weapon and the other by causing serious bodily injury.
I've tried similar cases with success. This isn't something to take lightly. Get a lawyer!
My answering of your question does not create an attorney - client relationship unless and until there is a written fee agreement in place formalizing our attorney - client relationship.
General Practice Lawyer
My colleagues have nailed this analysis. As a former prosecutor (like Mr. Leroi), I can tell you that the charge iteslf is treated very seriously and receives heightened scrutiny in the prosecutor's mind.
Your brother needs a criminal defense attorney. Judges despise crimes committed when alcohol is involved, as "liquid courage" leads to impaired judgment and yes, idiocy that results in criminality.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.