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What is overcharging?

| Jan 23, 2018 | Criminal Defense |

If you are facing several criminal charges in Minneapolis, one of the first things that might come to mind is overcharging. You might not be familiar with the term. But it describes an overzealous tactic that some law enforcement agencies and prosecutions in Minneapolis and across the country use to ensure a conviction. According to The Atlantic, criminal “defendants are more likely to plead guilty when they are faced with multiple overlapping charges.” Keep in mind it does not happen everywhere. There are many factors that lead to overcharging. 

To better understand the impact of overcharging and how it may apply to your situation, consider the following scenario. 

You are arrested for the possession of narcotics. You barely had enough drugs in your possession to classify as intent to sell and distribute. You were upset at the time of your arrest and became uncooperative. Instead of receiving a drug charge for possession with intent to sell, you also end up with additional charges, such as resisting arrest and battery against a police officer. The more charges you have, the harsher the sentence and the bigger the impact on your life. 

When faced with multiple criminal charges, you might not realize that some of them are not legit. You may feel that you can defend yourself against them by only pleading guilty to the initial charge for drug possession. However, doing so can lead to multiple convictions and penalties. It is beneficial for you to speak with an attorney to gain a better understanding of your situation. You do not have all the facts, knowledge and resources to overcome your circumstances. An attorney can provide guidance and help improve your chances for a better outcome.