My friend took a plea the other day. He was initially charged with Assault 2, which was amended to Assault 4 in the plea offer. His second charge was Attempted Robbery in the first degree. This was dismissed and they added a new charge. Can a prosecutor do this?
This is not unusual, and there does not appear to be anything legally problematic about how this was done. Also, a reduction from Assault 2nd/Attempted Robbery 1st to Assault 4th/Intimidating a Witness would generally be considered a good result for most cases.
