Will I go to jail for an Assault?
Can I go to jail for an assault charge?
All crimes, including simple assault and battery, carry the possibility of jail time. The lowest assault and battery charge is a misdemeanor and carries a maximum possibility of up to 93 days in jail, while the much more serious offense of assault with the intent to do great bodily harm less than murder carries up to 10 years in prison.
If you are facing assault charges call criminal defense lawyer, Aaron J. Boria today (734) 453-7806.
Boria has obtained countless reductions, out right dismissals, and even not guilty verdicts for people accused of some of the most serious assault crimes.
It is incredibly rare that one of our clients goes to jail for a first offense. The majority of our clients that accept a gully plea are given probation.
What determines if I go to jail and how much jail time will I get?
The facts of the case and the judge usually will have the greatest impact if you will do jail time for an assault conviction. Obviously, a pushing match should not get the same penalty as a sucker punch to the back of someone’s head.
Other factors that can influence the penalty in a case can include prior criminal convictions. Victim statements and prosecutors advocating for a lengthy jail term can sometimes persuade the judge to order incarceration.
The maximum amount of time you can get is included in each offense. In felony cases sentencing guidelines are used to determine the maximum amount of time recommended by law; however. the judge can make an upward departure in cases that are especially heinous or a downward departure for extenuating circumstances. .
Is there a way to stay out of jail for an assault conviction?
Absolutely! It is very possible to stay out of jail for an assault conviction. As mentioned in the paragraph above, a judge may also depart downward from sentencing gridlines just like they may depart upwards.
Factors that should be taken into consideration for no jail or less jail time is a lack of criminal history, no drug or alcohol dependence, having a stable job, a stable family or other strong helathy relationship ties, and other positive factors such as service to the community.
Will having a criminal lawyer help?
Having a knowledgeable and experienced criminal defense lawyer can make all the difference.
On numerous occasions our firm has been hired just for a sentencing hearing where the judge had told the defendant that they had better be ready to go to jail when they returned for sentencing. Our firm is hired and Aaron Boria provides additional evidence in support of no jail time or less jail time on behalf of the defendant and the judge agrees.
The judge is a lawyer and so is the prosecutor. A great criminal lawyer knows exactly what points need to be highlighted to give you the best chance of avoiding jail time.
If you are facing charges for assault and battery contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806.