Watch your words, prosecutors.
I will forever enjoy beating an opponent with a dictionary.
I'm pleased to share that a client who was serving a 20-year sentence when he came to me, was recently resentenced to time served.
The prosecution sought to charge my client for aggravated battery, which carries a maximum penalty of 20 years' imprisonment. But the indictment said only that my client solicited another to commit aggravated battery. Words matter. Under Georgia law, solicitation is a different offence. It carries a maximum sentence of 3 years' imprisonment.
I came in soon after the plea and moved to vacate the client's sentence: The prosecution can't draft an indictment that describes a lesser offense and expect a sentence for a greater offense. I persuaded the court, which vacated my client's sentence. Before my client could be resentenced, the prosecution took an appeal—which I got the appellate court to dismiss.
So when the case finally made it back from the appellate court, I persuaded the trial court to sentence my client to only the time he had already served—including the months during which he was out on bond pending the State's appeal.
Bottom line: Prosecutors should take care with their words when charging someone with a crime, lest someone else come along and beat them with a dictionary.
