Q: How can we get the state to reduce a charge of burglary with battery?
A: There are typically two ways to have the State agree to reduce a charge. (1) Your attorney can negotiate a reduction as part of the plea negotiations or (2) Your attorney can point out to the prosecutor issues as it relates to a lack of evidence to prove all of the elements of the alleged crime or a lack of sufficient credible testimony to convince a jury. Sometimes the State will agree because the facts result in a charge that is not reasonable under the circumstances. The best time to try to try to influence the charge is during the initial filing decision after arrest. Although a change in the charge can be made at any time in the process, charges once filed can take on a life of their own and gain momentum that becomes harder to redirect.
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