07-25-2016, 10:17 AM
(07-22-2016, 04:00 PM)Benton Wrote: It depends on the charge.
In Kentucky there are multiple degrees of assault. It could range anywhere from no time to 20 years, with no minimum to a minimum of 5 years. It could be concurrent with other charges, or in addition to.
In other words, it's almost entirely up to the judge.
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.
JOHN ROBERTS: From time to time in the years to come, I hope you will be treated unfairly so that you will come to know the value of justice... I wish you bad luck, again, from time to time so that you will be conscious of the role of chance in life and understand that your success is not completely deserved and that the failure of others is not completely deserved either.
