QUESTION:

Will a pre existing condition have any effect on a criminal case? For example a felony GBI case, the victim has Had arthritis for years. The victim sustains fractures as a result of battery with serious bodily injury. Would that possibly bump the charges down for a first time offender and would the defense use that against the victim?

ANSWER:

No, a slight propensity toward bone fracture (assuming such a thing could even be proven) would probably not affect the GBI/SBI element. The complaint may still be amended to a lesser charge in the course of normal plea agreement negotiations, but I highly doubt that arthritis will be a factor in those negotiations. I hope that helps answer your question.

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