This section of the letter argues that an aggravated assault charge is inappropriate for the case in question. It defines aggravated assault as a violent felony, citing legal precedent and FBI crime statistics, and states that the facts of the case do not support such a charge as there was no threat of serious bodily harm or use of a deadly weapon.
The letter argues that the State's case has weakened due to new information damaging the credibility of a key witness. It details the witness's alleged negative history and contrasts it with the author's client's positive actions, such as passing a lie detector test.
Attorney Gerald B. Lefcourt concludes his argument against a felony aggravated assault plea for his client, citing the risk of a sex offender classification and witness credibility issues. He proposes that a misdemeanor plea to solicitation is more appropriate based on psycho-sexual evaluations and lie detector tests.
Attorney Gerald B. Lefcourt concludes his argument against a felony aggravated assault plea for his client, citing the risk of a sex offender classification and witness credibility issues. He proposes that a misdemeanor plea to solicitation is more appropriate based on psycho-sexual evaluations and lie detector tests.
The memo analyzes the risk that a client's plea to aggravated assault in Florida would trigger sex offender registration requirements in their primary residence (Virgin Islands), secondary domicile (New York), and other states like Oklahoma and Montana.
Letter arguing that the State's case has weakened due to witness credibility issues and highlighting the client's polygraph results.
The letter analyzes the risk of a client being subject to sex offender registration under Florida's Megan's Law, even for an aggravated assault charge. It discusses the national trend of expanding such laws, citing legal cases and news articles, and warns of potential liabilities in other jurisdictions like the Virgin Islands and New Jersey.
This document, page 3 of a letter, analyzes the requirements for sex offender registration in several states for individuals with out-of-state convictions. It notes that courts in New York and California may look at the underlying facts of an offense, not just the formal elements, to determine if registration is required. It also briefly outlines the laws in Colorado and Florida.
A legal analysis from Gerald B. Lefcourt's law office to Lanna Belohlavek regarding the risk that a client's plea to aggravated assault in Florida could trigger sex offender registration requirements in the Virgin Islands, New York, Oklahoma, and Montana.
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