Legal Question in Criminal Law in Pennsylvania

What Should I Do?

My boyfriend was charged recently with Aggravated Assault. He told me that he was charged with Regular Aggravated Assault with no serious bodily injury, but during sentencing, the judge sentenced him to 10-20 yrs which is the guideline sentence for Aggravated Assault with serious bodily injury and being a repeat offender. He was only supposed to served 27-33 mos and the only serious charge on his record was a robbery charge 17 yrs ago.He also said that under some Extradition Act he was supposed to have his trial ready within 180 days with the exception that he himself doesn't postpone trial,which he didn't. My boyfriend was incarcerated for over 200 days before he went to trial. Also he was misrepresented by council because his lawyer did not show him papers for his motion given to the judge for not going to trial within 180 days. I don't know what to do because I think it's ridiculous to have a 10-20 yr sentence for hitting someone. Pennsylvania sentence you according to a point system. I think he has 5. Do you think he has grounds for Appeal?


Asked on 6/05/05, 7:07 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: What Should I Do?

If he was sentenced within the last 10 days he has the right to file a post sentencing motion. If 10 days has elapsed, but not 30, he would have the right to file an appeal. Both the issue of sentencing and the failure to timely try him could be raised in either the motion or the appeal. I strongly recommend that you contact an attorney as soon as possible. I offer free consultations.

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Answered on 6/05/05, 9:14 am


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