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if he has a 50,000 bond for assaulting someone with a using a saw off gun how many years would they have to spend in jail

2006-12-19 07:51:34 · 16 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

michigan...................

2006-12-19 08:06:28 · update #1

he have ever been in jail before

2006-12-19 08:09:57 · update #2

16 answers

Depends. What state are you in? Does the D.A. have enough evidence to convict your brother beyond a reasonable doubt? Has your brother ever been in jail before? Has he ever been arrested before? Are there mitigating circumstances (for example, was he defending himself or family members)? Has the D.A. offered your brother a deal if he pleads guilty? If your brother's lawyer believes he would be convicted at trial, has he approached the D.A. about a deal?

Lots of variables here. Obviously, if he's not convicted at trial he doesn't go to jail. How long he could spend in jail if convicted depends on your state statutes. Here in Michigan, you can get up to 25 years if you're convicted of assault with a deadly weapon (but that RARELY happens unless we're talking about a repeat offender and aggravating circumstances, like assault during the commission of another crime like robbery or breaking and entering). If your brother gets a deal, that can also affect the sentence, especially if the deal stipulates that he pleads guilty to a lesser charge. Mitigating circumstances play a BIG role in sentencing, so if he had some justification for assaulting someone else in this manner he could get several years shaved off his sentence. Without knowing more specifics it's really hard to say. What I CAN tell you is there is very little chance that your brother would get no jail time whatsoever, but if he gets a good deal and everything else goes his way he may have a very short jail sentence (don't get your hopes up, but there is a very slim chance that he may only get a year depending on the laws of your state, the circumstances of the case, and how crowded your state prisons are).

2006-12-19 08:02:15 · answer #1 · answered by sarge927 7 · 1 0

It depends on what country, state, and what local jurisdictions are. if your brother assualted someone with a sawed off shotgun in the state of New York, chances are, he would receive a prison sentence of no less than seven years. If he did such in Wyoming, he would likely get three years, maybe even three years probation. Many sentences are reduced these days, while others are straight and to the point for the crime that was committed. other states, like Pennsylvania, in the city of Philadelphia, a charge like this can get you upwards of a mandatory ten years in a state prison. Each state varies, as well as each crime. The police usually slap on other charges as well, which means a sentence could be extended by a few months.

2006-12-19 08:03:55 · answer #2 · answered by ? 3 · 0 0

I was arrested in Michigan for felony assault. No physical contact at all, just threats. I believe w/o a prior record they were talking about 4 years in prison if I was convicted of the felony.
(This was in Novi).

I plea bargained down to misdemeanor aggrivated assault and no prison time, no jail time (other then the night I spent waiting to be arraigned).

The threats I made were not with a gun however, but with a bike tool that I grabbed in the heat of the moment.

2006-12-19 14:07:10 · answer #3 · answered by days_o_work 4 · 0 0

He needs a good attorney first off all and secondly the weapon of choice was altered (felony) a gun specification carries a mandatory 5 years in many states (check yours). It really doesn't have much bearing that he doesn't have a record, it will be looked at that he has committed crimes before he just hasn't been caught. The violent nature in this case has definitely got him a one way ticket to prison. I wish you luck, but this day and age luck doesn't go far.

2006-12-19 12:25:50 · answer #4 · answered by sftbllr4lf 3 · 0 0

It depends on his criminal history! If this is his first run in with the law, he may get 3 to 7 years. If he has been in trouble before he could get 12 years or more

2006-12-19 08:01:53 · answer #5 · answered by Anonymous · 1 0

impossible to say. depends on many factors such as, the state he lives in, the charges against him, his previous criminal record - if any, how nice the judge is that he goes before, etc.

He needs anger management or something. Maybe the judge will give him a bit of a break if he seeks help.

2006-12-19 07:55:05 · answer #6 · answered by I know, I know!!!! 6 · 1 0

50,000 bond will only require 5,000 to get him out. He will probably be sentanced to 7 - 10 yrs and serve 3 - 5. His crime will be Assault With a Deadly Weapon, either with Intent to Kill or Inflicting Serious Injury, or With Intent to Inflict Serious Injury. I am basing the sentance on Assault w/Intent to inflict serious injury which he should be able to plead to.

2006-12-19 08:00:47 · answer #7 · answered by ? 2 · 2 0

particular it extremely is felony. interior the USA of a you may in basic terms get justice if one has funds. forget what you found out approximately equivalent justice for all interior the USA of a it extremely is all approximately funds. a great number of money to pay the courts you will walk. Be poor and you will bypass to reformatory or detention center. it extremely is American justice.

2016-12-30 16:08:28 · answer #8 · answered by mccloy 3 · 0 0

What state?

2006-12-19 07:52:42 · answer #9 · answered by thresher 7 · 0 0

Was it loaded, did he scare the person, if he did it with a smile and did not curse no problem
I'd say 25 years easy!!

2006-12-19 07:53:37 · answer #10 · answered by god knows and sees else Yahoo 6 · 0 0

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