Legal Question in Criminal Law in Kentucky
Need answers
My son was charged with 2nd degree assualt and unlawful taking. There was two other people involved and they only got 3 year diversions. Shouldn't they have all gotten the same charges? He has been in ajil for 5 months already is there some way he can get out because he is already eligible for parole. Is there a way that he can get out on house arrest for the rest of his time? Write me back and help me out.
2 Answers from Attorneys
Re: Need answers
They could all get different sentences depending upon a variety of factors. I'm not certain he would be eligible for parole if he plead to Assault 2nd Degree. You may want to contact someone about possibly filing a motion for Shock probation. An attorney could possibly answer your questions for you more clearly. Hope this helps.
Re: Need answers
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:
1. Did your son plead guilty to anything?
2. Was you son represented by an attorney when he appeared in court?
3. Did your son have a record of prior convictions?
4. Is your son an adult or a juvenile?
5. What was the value of the property alleged to be taken? (Over $300 is a felony in Kentucky.)
You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at
Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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