Criminal Sentencing Question

[BFritz21]

Say someone has a history of drug use, has attacked cops, gotten DUIs, and has been arrested for a lot of other things.

Then, after a year or so in jail, they attack their brother, stab him twice with a screwdriver, hit him in the head with a frying pan, and choke him, sending him back to jail.

Then, once in jail, they attack guards on multiple occasions, what kind of jail time would they be looking at? Anyone know?

Someone said that he's looking at life, but that seemed ridiculous because he's been in trouble a lot before and never gets much more than a slap on the wrist (besides for the jail time I mentioned).

Anyone have any idea?

[SunsetBengal]

A lot of factors go into the question you are asking. Sentences can only be within the minimum and maximum for any particular crime. So, what was the charge for attacking the brother? Was it something like attempted murder? Or, felonious assault?

Also, attack on the guards is pretty vague. Again, have to know details of the charge, then the sentencing guidelines can be researched in whatever State this occurred.

[BFritz21]

(05-22-2017, 11:38 PM)SunsetBengal Wrote: A lot of factors go into the question you are asking.  Sentences can only be within the minimum and maximum for any particular crime.  So, what was the charge for attacking the brother?  Was it something like attempted murder?  Or, felonious assault?

Also, attack on the guards is pretty vague.  Again, have to know details of the charge, then the sentencing guidelines can be researched in whatever State this occurred.

Attacking his brother- Assault, 1st Degree- Domestic Violence

Assault 1st Degree (Not sure what that's from because he would have been in jail already for the above).

Assault 3rd Degree- Assault on an inmate correctional employee.  That's when he attacked a guard.

Persistent Felony Offender- Not sure what that is because he was in jail.

Assault 3rd Degree- Assault on an inmate correctional employee.  That's when he attacked a guard again.

Assault on Service Animal Second Degree- Attacked a guard dog or a dog they brought in for recreation or whatever.

Assault 3rd Degree- Assault on an inmate correctional employee.  That's when he attacked a guard that was defending the dog.

Assault 3rd Degree- Assault on an inmate correctional employee.  Attacking a guard (I'm guessing).

All in Kentucky.  Does that help at all?

[magikod]

holy shit this guy is stupid lol.

i doubt he gets life tho, but i have no clue. maybe 5-10 yrs tops in my opinion. prob probation after 5 if good behavior

[HarleyDog]

(05-22-2017, 11:34 PM)BFritz21 Wrote: Anyone have any idea?

Probably sentenced to play for the Bengals.

[BFritz21]

(05-23-2017, 07:00 AM)magikod Wrote: holy shit this guy is stupid lol.

i doubt he gets life tho, but i have no clue. maybe 5-10 yrs tops in my opinion. prob probation after 5 if good behavior

Yep....... my old best friend that was the driver in my wreck...... he always was a loose cannon, but never this big of a psycho.

[Benton]

(05-23-2017, 12:14 AM)BFritz21 Wrote: Attacking his brother- Assault, 1st Degree- Domestic Violence

Assault 1st Degree (Not sure what that's from because he would have been in jail already for the above).

Assault 3rd Degree- Assault on an inmate correctional employee.  That's when he attacked a guard.

Persistent Felony Offender- Not sure what that is because he was in jail.

Assault 3rd Degree- Assault on an inmate correctional employee.  That's when he attacked a guard again.

Assault on Service Animal Second Degree- Attacked a guard dog or a dog they brought in for recreation or whatever.

Assault 3rd Degree- Assault on an inmate correctional employee.  That's when he attacked a guard that was defending the dog.

Assault 3rd Degree- Assault on an inmate correctional employee.  Attacking a guard (I'm guessing).

All in Kentucky.  Does that help at all?

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.

[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.

Wow.

I guess they did know what they were talking about.

His dad bought him out of all the trouble from the time of the wreck until about 8 years ago (I think he just ran out of money, even though his dad was a millionaire, if that gives you a glimpse of all the stuff he bought him out of).

At this point, it's hard to imagine that anything would be thrown out, but I have been surprised before.  I don't know how he's not being charged with attempted murder because, in the stabbing incident, he was choking him when the landlord heard the noise and came into the apartment.  

Then again, he should already be doing serious time.  

[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).

[Sabretooth]

Hopefully the criminal justice system keeps your former" bestie" occupied enough, that he forgets about harming you.

[BFritz21]

(05-23-2017, 09:39 PM)Sabretooth Wrote: Hopefully the criminal justice system keeps your former" bestie" occupied enough, that he forgets about harming you.

Who knows if he ever would anyways.

If you listened to him in trial say I'm the last thing he thinks about before he falls asleep at night and the first thing he thinks about when he wakes up in the morning, you'd think he's sorry and would kill anyone that even tried to harm me, but then there's things like when he tried to kill himself by jumping in front of a semi truck and then posted on my wall that he did it for my early birthday present.

Freaks me out, but not much I can do.