[mmichaels1970]

That said, I think 1st Degree is an overcharge even without nullification.

Would you suppose prosecutors are worried about nullification and are overcharging to get a plea deal to 2nd (or something lesser) to avoid a jury completely? In other words he either goes to trial and risks life, or pleads out to get a guaranteed 15 or so? Prosecution gets a win, and avoids a jury.

[colorado tanker]

Would you suppose prosecutors are worried about nullification and are overcharging to get a plea deal to 2nd (or something lesser)

Yes, I do. Prosecutors all over the country are notorious for overcharging crimes to extort a plea deal. I think that is unethical conduct, but unfortunately it is very common.

I had a friend who had a child with learning disabilities who was late for work at an event venue. A cop working security told him he couldn't park in the employee lot. He tried to go in anyway and avoid the cop, but the car brushed the cop. The charge? Attempted murder. I kid you not. My friend is successful and got a good lawyer to plead that down to no jail time, but it was all very expensive and involved a lot of sleepless nights and anxiety for the family.