RELEASED: MARCH 15, 2011
RALEIGH, NC – Raleigh criminal lawyer of the Marcilliat & Mills PLLC negotiated a reduction of a first degree statutory sex offense charge down to a misdemeanor assault on a female charge. The facts leading up to the charge proved to be the key to understanding this case and to obtaining a reduction from a felony to a misdemeanor.
The man accused of the statutory sex offense fell asleep next to a woman at a party. The woman accused the man of inappropriately touching her when she woke up after passing out. Stemming from that incident at the party, the man was charged with first degree statutory sex offense, which carries a lengthy potential prison sentence.
Instead of facing years in prison, attorney of the Marcilliat & Mills PLLC negotiated with the Assistant District Attorney (ADA) who reduced the charge to assault on a female. Because the charge was reduced to a misdemeanor, the man is no longer facing prison time nor is he required to spend the next thirty (30) years on the national sex offender registry. Instead, he is on probation. The client is able to move on with his life without the stigma of being a convicted of a sex offense.
The key to this particular criminal defense case was spending time with the accused client to understand the situation that led to the charges, as well as understanding the true person who was facing the sex crime charge. When Raleigh lawyer listened to his client, he learned that bad choices while drinking at a party didn’t necessarily mean that he was a bad person. He also spent considerable time researching information about the witnesses that would cast doubt on whether the accuser was credible and truthful in her account of the incident.
DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm’s case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past result because prior results do not guarantee a similar outcome.
For more information about the Marcilliat & Mills PLLC, see the criminal defense website and criminal defense blog. Attorneys of Marcilliat & Mills PLLC will defend you against sex crime charges, DWI charges and abuse charges, among others in Raleigh. Please contact the law firm or call 919-838-6643 for a free consultation. Marcilliat & Mills PLLC can also be followed on Facebook at facebook.com/nc.criminal.defense.
North Carolina v. J.S.
Accusation: Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed
Marcilliat & Mills PLLC acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.