Criminal Sentencing Question

[BFritz21]

Hypothetically, how long would someone be sentenced to in prison if they attacked a prison guard while in prison awaiting trial for another crime?

I understand that they'd be together, but I'm just talking about the attack on a guard.

Is there a minimal sentence?

I kind of asked about this in another thread a while back, but now I'm just wondering about sentencing.

[*jason*]

They still haven't sentenced him yet?

[Benton]

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.

[BFritz21]

(07-22-2016, 03:51 PM)jason Wrote: They still haven't sentenced him yet?

December.

Mind blowing.

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

Hypothetically, of course.

(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.

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?

[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.

[BFritz21]

(07-22-2016, 04:43 PM)Benton Wrote: 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.

The attack on the guard apparently came while the guard was trying to stop the attack on the dog.

Given his history, I don't see how it could even be imagined that he wouldn't be a threat to society if released.

Like I've said before, I believe he'd give his life to take back what he did to me, but then there's also instances where he's seemed like he'd kill me and not even think twice about it.

[*rfaulk34*]

(07-22-2016, 03:18 AM)BFritz21 Wrote: Hypothetically, how long would someone be sentenced to in prison if they attacked a prison guard while in prison awaiting trial for another crime?

I understand that they'd be together, but I'm just talking about the attack on a guard.

Is there a minimal sentence?

I kind of asked about this in another thread a while back, but now I'm just wondering about sentencing.

Seven-hundred forty-two years and 3 hours.

[*jason*]

(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?

I remember discussing this with you in the other thread.  What I don't remember is what the charge was for the incident with his brother.  Was it battery?  Felonious assault?  Attempted murder?  What was he convicted of?  He has a record already, no?  All of those variables go into his sentencing.  I'm telling you, I don't think he will get off lightly for that incident alone.

If he hasn't been sentenced, then he is still in the county jail... right?  So the thing with the dog (it was probably a dog that works with inmates with emotional problems... ain't a whole lot of guard dogs in county jails) and the guard comes into play.  Benton already listed the variables there, but you also have to consider that charges picked up while incarcerated are really frowned upon.  My guess is, his goofy ass did something to that dog, a deputy stepped in, and he hit the deputy.  He probably promptly got ****** up right after that.

Previous record, violent crime, picked up a charge in jail, and he's also a drug user (if I remember right).  He's getting ten years minimum.  He may get more than that especially if he has a hard ass judge.  He may not do every day of that sentence, but he sounds like a dumb ****, and he's already getting shit in the county.  It only gets worse when he hits the state pen.  I know plenty of guys who've spent their lives in and out of the joint.  He sounds a lot like them. 

[BFritz21]

(07-22-2016, 10:37 PM)jason Wrote: I remember discussing this with you in the other thread.  What I don't remember is what the charge was for the incident with his brother.  Was it battery?  Felonious assault?  Attempted murder?  What was he convicted of?  He has a record already, no?  All of those variables go into his sentencing.  I'm telling you, I don't think he will get off lightly for that incident alone.

Jail tracker says Assault, Assault- Domestic Violence, and persistent felony Offender II for the deal with his brother, which I'm not sure how accurate that is.  The county website has it listed but I'd have to pay to see much more than the trial date.

Actually, I just looked back and it had the trial date for August 31st, which I'm sure they made that before the attack of the guard, so would they still have that trial or just lump them all together in the December trial?

(07-22-2016, 10:37 PM)jason Wrote: If he hasn't been sentenced, then he is still in the county jail... right?  So the thing with the dog (it was probably a dog that works with inmates with emotional problems... ain't a whole lot of guard dogs in county jails) and the guard comes into play.  Benton already listed the variables there, but you also have to consider that charges picked up while incarcerated are really frowned upon.  My guess is, his goofy ass did something to that dog, a deputy stepped in, and he hit the deputy.  He probably promptly got ***** up right after that.

Yes, still in county jail, and it's actually the city you enter when you cross the East bridge from Cincinnati (Newport).

People I have talked to said that he's ****** for attacking the guard because, like you said, they don't put up with that shit

He's gotten his ass kicked before by police, as well as random people, because 1 he's batshit crazy and 2 he loved to fight even before the wreck because he was batshit crazy then, too, and he thinks he's a hard ass, which he was compared to people our age, but there's a lot bigger people in the world who are bigger hard-asses.

(07-22-2016, 10:37 PM)jason Wrote: Previous record, violent crime, picked up a charge in jail, and he's also a drug user (if I remember right).  He's getting ten years minimum.  He may get more than that especially if he has a hard ass judge.  He may not do every day of that sentence, but he sounds like a dumb ****, and he's already getting shit in the county.  It only gets worse when he hits the state pen.  I know plenty of guys who've spent their lives in and out of the joint.  He sounds a lot like them. 

Word is that he was trying to get off the drugs when the incident with his brother happened, so not sure how much that will play into it.

If he were to get 10 minimum, how long will he realistically serve of that before he's up for parole?  I can't imagine him keeping out of trouble long enough of that, but maybe he feels so defeated that he just gives up and stops fighting.

Word is that at least one big, black inmate has already had his way with him, so I can't imagine he'll do much better in the State Pen if it's a lot worse than county.

That's one thing I fear in that, when he gets out, he'd somehow blame me for everything.

Thanks for the info!

[*jason*]

A lot of your questions can't be answered yet. They often hand out sentences with some leeway.

[BFritz21]

(07-23-2016, 12:40 AM)jason Wrote: A lot of your questions can't be answered yet. They often hand out sentences with some leeway.

I'll be absolutely amazed if he gets off light here, which, at the same time, actually wouldn't surprise me.

[fredtoast]

(07-22-2016, 11:25 PM)BFritz21 Wrote: Word is that at least one big, black inmate has already had his way with him, 

Oh no.  A BLACK guy?

[BFritz21]

(07-24-2016, 10:57 AM)fredtoast Wrote: Oh no.  A BLACK guy?

I imagine you're trying to say that I'm being racist about black guys in jail, when, in reality, I'm pointing out how much worse it would be to be raped by a black man than a white man because black men are better "equipped."

[jfkbengals]

(07-24-2016, 11:38 AM)BFritz21 Wrote:

I imagine you're trying to say that I'm being racist about black guys in jail, when, in reality, I'm pointing out how much worse it would be to be raped by a black man than a white man because black men are better "equipped."

Says who?


Besides, I don't think there is a varying degree of anal rape.  There are only two levels,  "the doctor did stuff to me with his finger for a medical examination", and "everything else".

[*wildcats forever*]

Once again, stay on topic and away from personal comments.

[Sociopathicsteelerfan]

(07-24-2016, 11:38 AM)BFritz21 Wrote:

I imagine you're trying to say that I'm being racist about black guys in jail, when, in reality, I'm pointing out how much worse it would be to be raped by a black man than a white man because black men are better "equipped."

This is the best post you have ever made, no debate is possible.  

[xxlt]

(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.

[PDub80]

(07-24-2016, 11:38 AM)BFritz21 Wrote:

I imagine you're trying to say that I'm being racist about black guys in jail, when, in reality, I'm pointing out how much worse it would be to be raped by a black man than a white man because black men are better "equipped."

Pfffft! 

Tell that to this guy..... 

[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.  

[Sabretooth]

(07-25-2016, 02:13 PM)BFritz21 Wrote: He needs to stay in jail where he can get help, get his life straight, and not be a danger to society.  

He won't endanger society at large, but getting straight or getting help in jail maybe iffy.
The only experience I have is visiting an ex GF while she was jailed.Her drug habits never subsided ( while dating me for two years )