In another twist, Mrs. Smart is charged with criminal solicitation of murder.
Instead, they were charged with criminal solicitation, which carries a maximum sentence of 15 days in jail.
The woman, Vilma Valcarcel, was charged with criminal solicitation.
"It amounts to little more than criminal solicitation," he said.
Mr. Brown said the suspect also faces six counts of criminal solicitation on charges that he tried to kill or assault a witness in the case.
If convicted of criminal solicitation, Mr. Hirschfeld faces up to seven years in jail.
He had been charged with criminal solicitation of perjury, conspiracy, attempted grand larceny and attorney misconduct.
The woman, Vilma Valcarcel, a single mother of four, was charged with criminal solicitation and held without bail.
A jury found Mr. Hirschfeld guilty of criminal solicitation on June 16.
On April 26, 2007, two officers pleaded guilty to manslaughter, violation of oath, criminal solicitation, and making false statements.