Nephew is facing felony charges – robbery and assault of a peace officer.

1. Nephew was caught stealing a pair of shorts from a department store. 2. When caught by security officer, nephew panicked, hit security officer in the eye and tried to run. Two other security officers assisted and got him down on the ground. 3. First offense – what can be done to reduce charge and is there anything to be done in lieu of jail time?

Asked on June 25, 2009 under Criminal Law, California


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of California, the best thing your nephew can do to avoid jail time or otherwise obtain the most favorable resolution of these felony charges is to hire an experienced criminal defense attorney.  When determining the likely consequences of any criminal charges, it is important to first evaluate 1) the strength of the state's evidence, 2) the merits of any potential defenses that may be available to the defendant, and 3) the availability (or lack thereof) of first-time offender diversionary programs.  Once your nephew has retained a criminal defense attorney, that attorney may be able, based upon a one or more of the factors listed above (in addition to potentially other factors), to obtain a favorable resolution of these felony charges.  Thus, although hiring an attorney does not guarantee a favorable resolution,by hiring an attorney your nephew will be giving himself the best opportunity to obtain a resolution that does not include a period of incarcertaion.

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