Motion to reduce charge

Motion to reduce charge

If the evidence adduced at the preliminary hearing is susceptible to the interpretation that the defendant committed only a less serious crime than the crime charged, counsel should move to reduce the charges.FN24 The charge of computer crime may be interpreted to include theft or malicious mischief as a lesser included offense. The advantage of such a motion is considerable where the lesser offense is a misdemeanor, as malicious mischief usually is, or would lead to misdemeanor treatment because of a higher jurisdictional minimum. The prosecution may charge the defendant with the original charges at the Superior Court level without refiling so long as all of the complaint was not dismissed by the preliminary hearing magistrate.