How much time will I get for first time charge of assault bodily injury? - Criminal Law Questions and Answers- LawQA.com

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How much time will I get for first time charge of assault bodily injury?

I am on Probation for 2 years and I just can't do it anymore. It's been a year and six months. I just want to sit it out but I need to know how long will I get in jail?

Michael Breczinski
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If the maximum for the offense is 1 year then you may sit in the jail for that period rather than completing another 6 months of probation.

Answer Applies to: Michigan
Replied: 3/24/2013

Lawrence Lewis
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You will sit for the balance of the 6 months, as long as you have not pled first offender, in which case you may sit three years.

Answer Applies to: Georgia
Replied: 3/23/2013

Hammerschmidt Broughton Law
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I can't tell you on the basis of this. Need more detail on the exact charges, facts of the case, and your criminal history at the very least. If you have a violation pending these factors will be important. If not, wait out the next 6 months on probation. You could get well more than 6 months in jail if you chose jail over probation.

Answer Applies to: California
Replied: 3/22/2013


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It's anybody's guess at this point, because ultimately sentencing depends on whether you are found guilty, your prior record, how serious these are in the court's eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.

Answer Applies to: Maryland
Replied: 3/22/2013


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The maximum sentence for a misdemeanor assault is 90 days, of which you would have to serve at least 60, minus any credit for time served.

Answer Applies to: Minnesota
Replied: 3/22/2013

Edward  D. Dowling IV Attorney at Law
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I would need further information to answer such as the exact charges ( there are different degrees of assault ). You should hire an attorney and disclose all the facts and circumstances.

Answer Applies to: New York
Replied: 3/22/2013

Law Firm of Martin & Wallentine
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It depends on what your underlying sentence was at sentencing. Alternatively, some jurisdictions provide deferred sentencing, whereas you won't know until the sentencing is actually declared. In that case, you should hire an attorney to work it out with the DA.

Answer Applies to: Kansas
Replied: 3/22/2013


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You would be stupid not to wait it out. And I am being kind.

Answer Applies to: Massachusetts
Replied: 3/22/2013

Answer By Charles R Shaw
Charles Regan Shaw, PLC
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You should be aware that if you decide to violate probation, the court could order jail time, and extend probation. If you have complied with ALL terms, and are 18 mths into your 2 year term, you may consider petitioning the court for early termination of probation.

Answer Applies to: Michigan
Replied: 3/22/2013

Law Office of William S. Smith
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If the charge for which you are on probation is, in fact, assault and battery, the maximum sentence you could receive under the law for that if your probation is revoked is two and a half years. If you have no prior record, it is quite doubtful you would receive this maximum sentence upon revocation of your probation.

Answer Applies to: Massachusetts
Replied: 3/22/2013

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