A Buffalo man is seeking to withdraw his guilty plea to second-degree assault for allegedly stabbing his ex-girlfriend at her Niagara Falls home April 2.
Assistant District Attorney Lisa Baehre said Jamal Mobley, 34, of Rother Street, broke into the victim's 5th Street home and repeatedly stabbed her in the face, hand and chest. Mobley also allegedly robbed the woman, but only made off with $3.
Mobley was charged with first-degree assault, first-degree burglary, first-degree robbery, first-degree criminal contempt and second-degree menacing. He pleaded guilty June 7 to second-degree assault and second-degree criminal contempt, for violating an order of protection the woman had obtained against him.
But on Monday, Mobley said he felt he was charged too harshly and that his defense was ineffective.
"I feel like I was overcharged," Mobley said.
Mobley also took issue with not being offered judicial diversion, a program that allows some offenders, typically those with mental health or substance abuse problems, to go on probation and seek treatment rather than face prison time. The program is not offered to defendants charged with most violent or sex felonies.
Niagara County Judge Matthew J. Murphy III said Mobley needs a legal basis for withdrawing his plea.
"There has to be legal grounds," Murphy said. "There can't just be buyer's remorse."
Murphy gave Mobley and his defense attorney, David Blackley, 10 days to submit a written request for withdrawing his guilty plea.
Baehre said prosecutors have strong evidence against Mobley, including the knife used against the woman and the stolen money, both of which contain the victim's blood, as well as an apology letter Mobley wrote to the victim after the attack.