Felonious Assault Reduced to Misdemeanor

Client, a local radio personality, was accused of felonious assault after he tossed a bottle of beer into a crowd at a street festival sponsored by the radio station.

Marein and Bradley, during pre-trial negotiations with prosecutors, contended that the client acted carelessly, but with no criminal intent to injure anyone. Prosecutors insisted that the client accept a felony plea as the victim sustained a significant head wound requiring staples to close the wound.

Marein and Bradley rejected the prosecutor’s demand and countered with a proposal to plead guilty to a misdemeanor simple assault. The case proceeded to trial without a jury. After two days of testimony the client was found NOT GUILTY of felonious assault, but guilty of the simple misdemeanor assault which the client was willing to accept prior to trial. The client received a fine and court costs as penalty.