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Originally Posted by dargonking999
they can plea allday long, it is a mandatory 5 years in prison for showing a weapon, thats it end of story there is no getting out of it.
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It totally depends on the case they have.
If they have reliable witnesses sure.....they'll take it to court.
But already you have a witness that doesn't seem too sure about what they saw. The prosecutor will have a tough time taking a case like this to a jury. So, to make sure something is done, they will have him plead to a lesser charge.
Just like some child-molestation cases. The laws are very cut-and-dried on what molestation is, but if it doesn't look like the case can't go to trial, then the prosecutor and defense team will often work out a deal for a lesser charge.
It's unfortunate, but it happens all the time.