If was recently arrested on the charges of a Class 4 felony for criminal mischief, what are my chances of having this dropped to a misdemeanor?

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If was recently arrested on the charges of a Class 4 felony for criminal mischief, what are my chances of having this dropped to a misdemeanor?

Prior to this I had one misdemeanor charge for trespassing that was completely resolved in court. The reason for the arrest was kicking a parked vehicle while under the influence of alcohol.

Asked on November 15, 2012 under Criminal Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your criminal history is not too bad and the damage to the other vehicle was not bad, then you have a decent chance of getting the offense reduced to a misdemeanor.  It will help even more if you are willing and able to pay any restitution that was due the victim.  Even though you have a decent chance, the eventual decision on whether to reduce the charge or not will depend on the prosecutor assigned to handle your case.  So coming to the table with restitution will help persuade the prosecutor that you are deserving of a second chance.  If alcohol is an issue for you, you may also want to consider getting counseling to show the prosecutor that you are serious about taking responsibility for your own rehab. 


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