What Is Overcharging?

Overcharging happens when the prosecution files more charges—or more serious charges—than the facts actually support. It's one of the most common tactics used to pressure defendants into guilty pleas.

There are a few ways it usually shows up:

Stacking Charges from One Incident
A single moment of chaos—say, a bar fight or a tense traffic stop—suddenly turns into:

• Battery

• Assault

• Disturbing the peace

• Obstruction

• Resisting arrest

• Disorderly conduct

All from one event.

Charging the Maximum at Every Turn
If a prosecutor has the option to charge a felony instead of a misdemeanor, they will. If there's any way to add a weapon enhancement, they'll try it. If there's more than one person involved, expect the charges to multiply.

Alleging Attempt or Conspiracy
Even if no crime was completed, vague charges like "attempt" or "conspiracy" get tacked on. These are often broad, speculative, and hard to disprove—but they make the case feel bigger, scarier, and more serious.

Why Do Prosecutors Do It?

Simple: because it works.

The prosecutor's goal isn't always conviction. More often, they want a plea deal. And to get that, they need leverage—a mountain of charges and years of exposure.

You're hit with five felonies, each carrying up to four years in prison.
That's 20 years of theoretical exposure.
Then comes the deal: plead to one charge and serve one year.

Suddenly, that one year seems like mercy.
You're not thinking about guilt.
You're thinking about survival.

Overcharging turns the courtroom into a poker game—and the State is bluffing with a loaded hand.

What's the Harm?

Overcharging isn't just a pressure tactic. It creates real damage, even if you never get convicted of everything.

• Bail gets set higher, meaning longer pretrial detention

• Innocent people plead guilty out of fear

• Immigration, housing, and job licenses can be affected just by the charges

• One mistake gets distorted into a lifelong criminal record

• Judges and juries may be swayed by the sheer number of accusations

Even if you beat the charges later, the process itself becomes punishment.

How We Fight Back

At Liberators Criminal Defense, we don't play scared. We push back from day one:

We file motions to dismiss or consolidate charges
When multiple counts come from one act, we challenge their validity and duplication.

We force the State to prove intent
Overcharging often relies on assumptions about what you meant to do. We hold them to the actual evidence.

We expose enhancements as exaggerations
Weapon or gang enhancements? “Habitual offender” allegations? We know how to get beneath the labels and strip them away.

We present your story early
Your background, circumstances, and mental health can humanize your case. The more the court understands who you are, the harder it is for the State to sell an inflated narrative.

And we prepare for trial
We're not afraid to call the bluff. If it takes trial to reveal the overreach, we're ready to do it.

Bottom Line: The Charges You See Aren't Always the Ones That Stick

Prosecutors charge for advantage.
Defense attorneys fight for truth.

At Liberators Criminal Defense, we know how to dismantle overblown cases, reduce charges, and force fair outcomes. If you or someone you care about is buried under a mountain of charges, don't plead scared. Fight smart.

Call us. We'll help you push back.