My nephew got into a fight with someone for breaking into his home and stealing some of his items. He broke the guy's jaw bone and the two of them are the same age. He was arrested and charged with assault to a minor. Can someone tell me if they know if he will face serious jail time?
2006-12-19 05:04:08 · 9 answers · asked by Latoya S 2 in Politics & Government ➔ Law & Ethics
No, assault is a misdemeanor. If your nephew used a weapon that would be another story, then it could be felonious assault w/a dangerous weapon... sentencing guidelines vary state to state, where I live it is up to 93 days in jail. I would hope that your nephew would request legal counsel, ensure that his attorney knows the complete circumstances surrounding the case and a defense strategy will be put into place by his attorney. Your nephew should not discuss this case with anyone without the direct consent and supervision of his attorney. After your nephew gets an attorney, all questions regarding this matter should be directed to the attorney. I am hoping your nephew was defending his own home and the other guy was the one breaking in. Good luck to your nephew.... Not only that but minors don't generally get sent to jail.
2006-12-19 05:11:57 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Felony assault is very serious, but it doesn't sound like that is what he was charged with. The judge will take into consideration the circumstances of the assault and then make a ruling. Your nephew is a minor so he won't do much time if any as long as this is his first offense. He may be ordered to pay restitution for the broken jaw, probation, and possibly some anger management therapy.
Really depends on the judge he gets.
2006-12-19 05:14:27 · answer #2 · answered by Loli M 5 · 0⤊ 0⤋
How old are they? If they are under 18 then this is why it is called an assault on a minor. Weather or not they are the same age. If this is his first offense then more than likely he will get a slap on the wrist and get some type of community service. If this is a second offense then he may actually spend time in jeuvie or even jail. Good luck
2006-12-19 05:12:12 · answer #3 · answered by Mooney 3 · 1⤊ 0⤋
Yes, assualt is a serious charge. A felony, usually. Will he go to jail, probably, if he has anything else on his record. He could be in there for up to 5 years in a lot of states, if he's found guilty.
My advice....get your nephew a good defense attorney for Christmas.
2006-12-19 05:13:15 · answer #4 · answered by txharleygirl1 4 · 0⤊ 0⤋
Yes, assault is fairly serious, but only if the perpetrator isn't a cop. In your case, I don't know how it can be "assault on a minor" if they're both the same age.
2006-12-19 05:12:34 · answer #5 · answered by Zombie 7 · 0⤊ 0⤋
If he is the same age, I am not sure how he can be charged with assault on a minor.
And yes, assault on a minor is serious.
2006-12-19 05:06:43 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No. If your nephew was the one defending his property then it's not necessarily self-defence but the judge will conseder when he decides the proper punishment. I doubt he will get serious jail time.
2006-12-19 05:14:05 · answer #7 · answered by Odes 2 · 1⤊ 0⤋
I'm sure the judge would say any charge is a serious charge.
2006-12-19 05:11:05 · answer #8 · answered by Answerer 7 · 0⤊ 0⤋
no ur nephew cant face any jail time because it can be considerded self defense
2006-12-19 05:10:09 · answer #9 · answered by j-man 2 · 1⤊ 0⤋