what is acceptable plea deal for first offense felony battery where person injured suffered no injuries other than a brief lost of consciousness

Asked 9/12/2009 under Criminal Defense | 237 View(s) | More Legal Topics

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Michael L. Becker, Esq, / Law Offices of Miller & Becker Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

I agree with the previous answer.  I am an attorney in Los Angeles and would generally assume that probation would be likely for a first time offender if this was simply a fight an no weapon was used.  However, the facts and circumstances of the event would dictate the appropriate resolution.  It would not be uncommon for a first time offender to have felony charges reduced to a misdemeanor as part of the negotiation.   

Although I do not practice law in the State of California, here are my initial impression.  The general rule is that when determining whether a plea deal is "acceptable", one has to evaluate a myriad of factors, not just the injuries suffered, such as, the defendant's prior history and the strength of the state's evidence.  Moreover, whether a deal is acceptable ultimately rests with the defendant him/herself.  I suggest that you hire an attorney to advise you whether, depending on the facts particular case, the state's offer is reasonable.  Good luck.

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