Criminal Sentencing Question

[BFritz21]

(07-25-2016, 10:17 AM)xxlt Wrote: Basically the above is correct. But much depends on the facts of the case. Throwing a cup at a guard is an assault, and so is throwing an insult in some cases. So depending on the facts alleged and the facts that can be proven an assault could be a misdemeanor (sentencing 1 to 365 days) or a felony (Class A, B, C, or D sentencing 1 year to 20 years as noted above depending on the classification). Looking at the facts that can be proven the prosecutor has to decide what - if anything - to charge the defendant with. Then if there is a plea agreement or a conviction of the crime charged or a lesser crime - then it is up to the judge to accept the sentence recommended by the state or institute a lesser or greater penalty. So, I wouldn't say it is almost entirely up to the judge. But at the sentencing phase, the judge does have a lot of discretion.

I hope this judge realizes that, for almost 17 years, every judge and his parents have let him off light and it's not helping him any.

He needs to stay in jail where he can get help, get his life straight, and not be a danger to society.