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A 23-year-old student with no record was found by officers in an alley after a night with perhaps too much to drink. The officer attempted to wake our client, and once he arose, he was in a panicked state and lashed out at the officers with several punches. During the incident, the officer sustained a slight fracture. Mr. Sabol—using a combination of mitigation surrounding our client’s impeccable record and bright future, along with an argument that the officers poor handling of the incident could potentially lead to an acquittal at trial—was able to convince the prosecutor to amend the felony assault offense to a misdemeanor assault charge. The Judge did not impose any period of incarceration or probation, and he will be eligible to apply to have the misdemeanor conviction expunged a year from the conviction date.