Legal Question in Criminal Law in Virginia
felony conviction
a friend was convicted of ''felonious assault of a police officer'' & sentencing is set for Jan.He has served 30 days in jail.He was represented by a public defender.He was convicted by a judge.Could he have had a jury trial?.Can he appeal? What is the possible sentence?.He was also arrested for disorderly conduct.It was dismissed by the judge but then was re-arrested on the same charge.Is that possible? What are the consequences of that if he is found guilty?
1 Answer from Attorneys
Re: felony conviction
Ques. #1: Yes, your friend with this kind of charge could've requested a jury trial.
Ques. #2: Yes, he could appeal if he's within the required time frames.
Ques. #3: A person convicted of felonious assault
on a police officer (a class 6 felony) could receive a penitentiary sentence ranging between one and five years or in the discretion of the judge or jury hearing the case, a sentence in the
local jail of at least six months (but not more than 12)and a fine not exceeding $2500,either or both. The statute also specifies that a person
receiving the mandatory minimum jail sentence of
six months in jail must serve at least 30 days.
Ques. #4: Yes, the prosecutor can rebring a charge that the court has dismissed, provided it
is done before the statute of limitations(if there is one)expires for that particular offense.
Ques. #5: S18.2-415 of the Va. Criminal Code
classifies disorderly conduct as a Class 1 misdemeanor, punishable by a jail term of not more than twelve months and a fine not exceeding $2500, either or both.
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