I have a friend who assaulted a person....his trial is in Feb 2007...there are witness and he claims it was a set-up for him to fall into....it is his first charge....will he go to jail or have probation??? What are the fines usually??? Serious charges ...Yes.... Probation and anger management course ...I hope not....needs more treatment than that ....How does a judge see all this ???
2007-01-22 16:08:14 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends on a few things.
Does he have a past criminal history?
Has he used his own money to hire a lawyer?
Does he live a relatively responsible life and slipped up? Would this be considered normal behavior for him, or does it seem like a one time thing?
Has he done anything with his life since to clean up his act?
When he goes to court, will he look grubby, hung over, and not listen to what anyone is saying, or will he go cleaned up, listen attentively, and answer questions in a respectful manner?
The judge is going to look at the whole picture and not just the one incident.
There is probably a minimum and a maximum he will get with the charges he has against him. Let's say the minimum is $500 fine, 20 hours community service and 6 months probation (I don't know for sure, I'm being hypothetical). The maximum is two years in jail, a $5000 fine, and two years probation upon release. The judge can give him either of the two or anywhere in between that, depending on what he thinks is appropriate.
He can also state stipulations such as anger management or having to pay someone else's hospital bills as a part of the judgment.
2007-01-22 16:20:56 · answer #1 · answered by sorcergeek 4 · 0⤊ 0⤋
Assault? Was it a fist fight or did he use a baseball bat? This is important to know because it will depend on if he gets probation or jail. Either way after the criminal trial he is going to get sued civilly. And when he is found guilty he will be financially ruined. Look at O.J. So I hope your friend got in some good swings because that's about all the satisfaction he is going ot get out of this. What was the fight over? Something stupid I'm sure. It usually is.
2007-01-23 00:15:37 · answer #2 · answered by ? 5 · 1⤊ 0⤋
It depends on whether your friend pleads guilty or decides to go to trial as to when the judge makes a decision about sentencing.
There are several different scenarios: your friend could agree to a plea bargain that would include a specific punishment (such as a suspended sentence and probation-which would likely include things that he would have to complete like counseling, etc.).
If he decides to go to trial and is found guilty, then there will be a sentencing phase where the judge may hear testimony from the victim regarding how the crime has affected them, as well as from any character witnesses that your friend may call to testify on his behalf. The punishment will be based on all of these variables and it is difficult to say for sure what it might be.
2007-01-23 00:11:26 · answer #3 · answered by ambr123 5 · 2⤊ 0⤋
All these are usually decided in sentencing, after a guilty verdict has come in; he will probably have considered the matter in the intervening time, between the trial and the sentencing hearing.
2007-01-23 00:18:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't know what a hudge is.
2007-01-23 00:15:46 · answer #5 · answered by mattspoon_81 2 · 0⤊ 0⤋