Felony Assault on a Police Officer Charges Reduced to Gross Misdemeanor
Mike Brandt’s client was charged with fourth degree assault on a police officer for spitting on an officer during a time when his client was highly intoxicated. Unfortunately, the entire incident was caught on a squad video and there were two police officer prepared to testify that Mike’s client spit on the officer.
Notwithstanding these bad facts, Mike showed up on the day of trial ready to go to trial. The offer the State was making was basically no worse than what would happen if they had gone to trial and lost, so Mike and his client were ready to go to trial.
Before the trial started, the prosecutor finally agreed that the case did not warrant a felony conviction and agreed to a disposition whereby Mike’s client would avoid a felony. Mike’s client took advantage of the deal and in exchange agreed to various conditions of probation—such as chemical dependency treatment, mental health counseling, and two years of probation.