Criminal Sentencing Question

[Benton]

(07-22-2016, 04:31 PM)BFritz21 Wrote: December.

Mind blowing.

Only thing I can think of is that they're trying to bring the hammer down on him.

Hypothetically, of course.

Hypothetically, say someone originally stabbed their brother twice with a screwdriver, hit him in the head with a frying pan, and tried to choke him.  Then, once in jail for that, he attacked a prison service dog (not sure if that means a guard dog or what) and then a prison guard, is it the same as you said or do you have any idea?

The new charge (attacking a guard and a dog) can vary by degree. It most likely wouldn't be first (the most severe) which is (if I'm remembering right) reserved for use of a deadly weapon or premeditation. Where exactly it would fall would be open to things like: did he just hit a guard or was he trying to inflict significant harm on the guard? did he stop when (if) the guard was incapacitated? was there a weapon involved?

There are a ton of reasons a charge might vary by degree, which effects the minimum and maximum sentence. But ultimately, it's up to the judge. If the state does a good job of presenting someone as a threat to society, the judge will usually be more inclined for a longer sentence, leaving it up to P&P to decide when and if he's rehabilitated.