Legal Question in Criminal Law in New York
attempted assualt
how much jail time could someone get for felony attempted assualt,with a bad previous record?
3 Answers from Attorneys
Re: attempted assualt
In a situation like the one you described you would be looking at more than on year state time... depending on the seriousness of the assault it could be more time potentially, or depending on the specific facts of the assault and whether a weapon was used and what type of weapon you could be facing a much more serious charge.
I would seriously advise you to seek your own private counsel on such a case. Please feel free to contact my office for a freeconcultation to further discuss the specifics of your case. You may reach us at the email address below or by phone at 2127098303
Re: attempted assualt
It depends on the "degree" of the Assault.
There are 3 levels of Assault. An attempted assault 3* carries up to 90 days in jail. At a minimum would be 1 year of unsupervised probation (A conditional discharge).
An Attempted Assault 2* is an E felony and carries up to 4 years in prison and a minimum of 5 years probation.
An Attempted Assault 1* is a Class "C" Violent felony and will require a Prison term of up to 15 years.
If the Defendant is a Prior Felony offender or a Prior Violent Felony offender and is charged with a felony, then the Att. Assaults 1 & 2 would both carry mandatory prison sentences In the Att. Assault 1 that would by up to 15 years in the Att. Assault 2 that would be up to 4 years.
Finally if the Defendant is a Persistant felony offender then he would be facing up to 25 years and if he is a Persistant Violent Felony offender he could face LIFE IN PRISON.
If you or a loved one is charged with any of these crimes you must have legal counsel and if you cannot afford it one will be given to you.
If you can afford it and would like to speak to me, you just need to follow the links below.
Similarly if you are a crime victim, you may be able to sue both the perpetrator of you assault or another party and again my office would be available to help you with that endevor.
Good Luck.
Re: attempted assualt
The possible sentence will depend on the level of assault and the nature of the person's prior criminal history (e.g., whether or not they have prior felony convictions and the nature of those convictions). With a felony it will be over year in jail for sure and can be as high as life in prison depending on the circumstances. Please feel free to contact my office if you would like to speak about the potential sentencing range of this particular case.
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