Criminal Sentencing Question

[BFritz21]

(05-23-2017, 04:36 PM)Benton Wrote: every court is a little different as far a sentencing. it's really up to the judge, but also up to what the attorneys work out if the guy is willing to enter a plea deal (which the judge does not have to accept).

the assault charges aren't that big of a deal, but the pfo is. depending on the degree, it can enhance sentencing anywhere from 5 years to life in prison. if it's a class a (the highest), the minimum enhancement is 20 years. class d (the lowest) carries a minimum 10 years. if the sentences run congruent, the 10 year minimum would add 5 years onto the assault charges.

but remember, the enhancement (pfo) can be thrown out, pleaded out or found not guilty of.

It's also hard to believe that it would be thrown out, given his past, and he's not smart enough to plead guilty, and everything against him is pretty concrete, so I don't think not guilty is happening, either.

It's sad, because the brother he stabbed was in jail, too, was released, and died of an overdose a week or two later (maybe longer, but I think that's about right).