Steele must charge a 14-year-old-boy who murdered his brother as an adult.
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ADA Rossi tries to plead her case with the prostitute being attacked down to assault in the third degree, a class A misdemeanor that carries a minimum sentence of two years probation and a maximum sentence of one year in jail. The defendant was said to have hit the victim so hard he knocked several of her teeth out and broke her jaw requiring it to be wired shut, that's assault in the second degree. The victim was also sodomized with a wine bottle, at the very least that makes the defendant additionally guilty of aggravated sexual abuse in the third degree; however if the bottle caused physical damage to the victim's rectum that increases it to aggravated sexual abuse in the first degree.
Assault in the second degree and aggravated sexual abuse in third degree are both class D felonies with a minimum sentence of two years in prison and a maximum of seven years. Aggravated sexual abuse in the first degree is a class B felony with a minimum sentence of five years in prison and a maximum of 25 years. So if convicted at trial the defendant is looking at a minimum of 4-14 years; but if the aggravated sexual abuse charge was increased to first degree he would be looking at 7-32 years in prison. See more
An ADA cannot plead an assault down to menacing, menacing is only charged when there is a threat of violence made, if there is actual violence it's assault.
ADA Peluso pleads his assault case down to menacing in the third degree, a class B misdemeanor, so that the defendant's scholarship won't be affected by a felony conviction. However he could accomplish the same thing by dropping the charge from assault in the second degree, a class D felony, down to assault in the third degree, which is a class A misdemeanor. It might involve a little longer probation period but it more accurately represents the crime the defendant committed than menacing does and it still keeps a violent felony conviction off his record. See more
Do you actually believe what you're saying or you just like to hear yourself say it?
Both. That's why I'm the boss.
References The Godfather
Side to Side
Written by Wayne Jones and Sean Holland
Performed by Sean Holland See more