Will my friend be looking at any jail time for his first time offence?

Question

I have a friend who was arrested last night on assault of a officer, Minor in Possession of alcohol and resisting arrest. Would he be looking at any jail time if so how long? This is his first time he has had any legal trouble.

Michael Chastaine · Answer

He could certainly be looking at jail time.  Law emforcememt take  these types of things seriously

Jeffery Cojocar · Answer

Depends on the venue.

Ernest Biando · Answer

Yes jail time is a possiability-however each case is different and he should have an attorney to defend his rights.

Geoffrey MacLaren Yaryan · Answer

He could be facing jail time, it just depends on how a DA and judge see  it.

Jacob P. Sartz · Answer

I'd recommend your friend obtain legal council. Your friend is presumed innocent  until proven guilty. The prosecutor would need to prove your friend's guilt  beyond a reasonable doubt. Your friend has a right to legal council and, if your  friend cannot afford legal council, they court may make a court-appointed  attorney available upon your friend's request.   Speaking generally, resisting and obstructing a police officer can be charged as  a felony depending on the circumstances. The judge should advise a person of  what they have been charged with at their arraignment and what the maximum  penalties are for the particular offense. If someone is charged with a felony and a misdemeanor, it increases the possibility that they could serve some jail  time if they are ultimately convicted.

James Schoenberger · Answer

It is possible to avoid jail time on a first offense but most prosecutors look disfavorably on letting someone skate where an officer has been assaulted.

Eric Sterkenburg · Answer

Most likely this is filed as a misdemeanor. If everything is normal with no aggravating circumstances; then he should be looking at time served community service and probation.

Christopher McCann · Answer

It depends on the egregiousness of the assault and resistance, and where this occurred. It is possible though to avoid jail and usually a good attorney can get an offer that includes several days of Caltrans work.

Michael Garber · Answer

Probably. I don't know how long.

Eric Chandler · Answer

There will definitely be the possibility of jail time as Assault on an Officer is a felony offense in Nebraska. However, my guess is that unless your friend severely beat the officer, he will likely be looking at a probationary term and potentially a reduced charge because of his age and record.

Steven D. Dunnings · Answer

Depends on the jurisdiction where he was arrested. Assaulting an officer is not a charge the Judges and Prosecutors take lightly.

Roianne Houlton Conner · Answer

If the assault on the officer caused injuries your friend could be looking at jail time.

Craig Elhart · Answer

Other than the MIP, the other offenses do have the possibility of jail and/or prison.  Whether he would spend any time in jail would depend on what he is convicted of and his record.  Based on the charges, a short time in jail is a possibility.

Michael D. Fluke · Answer

Certainly your friend could be looking at jail time.  With no prior record, there may be many options available that do not include jail.  I suggest your friend consult an experienced Criminal Defense attorney to discuss his case in greater detail and learn all of his rights and options.  Good luck.

Jeff Yeh · Answer

Absolutely. The assault on the officer and resisting arrest combined have a maximum of 180 days in county jail. The MIP can result in a 1 year suspension of driver's license. Tell your friend to get a lawyer.

Michael Maltby · Answer

When you start talking about assaulting an officer you better be thinking that jail is a good possibility.  Your friend best get him a lawyer, either public or private.

Mark Cogan · Answer

Your friend needs a good criminal defense attorney. It is impossible to make any predictions without further information.

Michael Nack · Answer

Yes, your friend will be looking at jail time. He or she should hire the very best criminal defense attorney he or she can afford.

Michael Morgan · Answer

It is distinctly possible this person will serve some jail time if convicted of all charges the assault on an officer charge is normally filed as a felony.

Jared Altman · Answer

The fact that he is accused of assaulting an officer is the only thing that might cause the DA to want jail time in my opinion. But, as a first offense, unless the officer got hurt, I don't think so.

Cynthia Henley · Answer

Your friend needs a lawyer! He is obviously underage because of the possession of alcohol charge but assaulting a police officer and resisting arrest are serious charges. Whether he gets jail time depends on what happened. If the officer was hurt, there is a good chance that he will get some jail time even if he gets probation. If not, then he may be able to get the charges handled without jail - possibly even with a reduction to a misdemeanor.

Gregory Casale · Answer

The charge of Assault & Battery (A&B) on a Police Officer carries a minimum 90 days in jail. That does not mean that your friend necessarily has to go to jail. What he should do is hire a very good criminal defense attorney to defend him.

Marshall Tauber · Answer

The answer to that question depends upon alot of information that has not been provided. What were the injuries to the officer for instance? Check out my website to find a good criminal defense lawyer.

Timothy Klisz · Answer

Certainly assaulting crimes against the police are ripe for extensive jail time. He needs the best lawyer he can afford.

Stephen Freeborn · Answer

The potential is certainly there.   A minor in possession charge carries with it a max sentence of 90 days in jail and a $1,000.00 fine, assault of a police officer: 1 year and $5,000.00; resisting arrest:  1 year and $5,000.00.  Sounds like your friend was very foolish.   How much jail if any, may well depend upon the facts of the case and how aggressive the prosecutor wishes to be.  Consult with an attorney.

Michael J. Breczinski · Answer

That depends on the judge, the prosecutor and his attorney. He should not plead guilty right away as it ruins his bargaining power. It could be bargained down to something that maybe he could keep a clean record or so.

Jonathan Willett · Answer

It depends if he is a juvenile or an adult.  It also depends upon the officer's view, how he addresses the issues that caused the behavior (i.e. drinking and anger), and if he has a good lawyer.

Jared Austin · Answer

How bad was the assault on the officer? The more severe the assault, the more likely at least some jail time will be given. Resisting & Obstructing is the most abused and overcharged statute and is often used as a bargaining tool by the prosecutors who will either dismiss the charge or drop it to a misdemeanor of Attempt in order to secure a plea. I don't know if the R&O is warranted in this case but that is a felony as well. Your friend could be looking at some jail time and possibly prison time as they are felonies, but that is rare and unlikely. Probation is a possibility as well. Without having full knowledge of the facts, it will be impossible for anyone to give you a precise answer as to what he is likely facing. His attorney should be able to give him a pretty good idea. A lot will depend on who the judge and prosecutor is as well.

Michael Palumbo · Answer

Would he be looking at any jail time? Yes. If so how long? Depends on the charges.

Carina Laguzzi · Answer

Depending on the seriousness of the assault on the officer, he may qualify  for a first time offender program.  Hire an experienced criminal defense attorney to explore your options.

Kevin O'Grady · Answer

Your friend should hire an attorney quickly.  A charge of assault on a police officer can be a serious charge.  Your friend needs to mount a good defense as quickly as possible.

Terry Nelson · Answer

Of course he is.  The prosecutors and judges don't look kindly on people who assault police officers, plus he has multiple crimes charged against him.    You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing.  When charged with any felony, you potentially face one or more years in prison if convicted;  on a misdemeanor, you potentially face up to 12 months in jail. What can you do? When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do?  Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial.  You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.  The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Hugo Florido · Answer

Sad to say, but it really depends on the county were the alleged violation took place.

Paul J. Wallin · Answer

Yes, he is looking at up to one year in county jail for one of the offenses and six months in custody for the other. However, in the right hands and with the proper criminal defense law firm representing him, he will be properly represented.

Joseph Dane · Answer

Jail time is always a possibility in any criminal case, but it will depend on several factors (assuming they can prove the case against him in the first place). Most importantly the facts of the case.  The prosecution doesn't look too favorably on a battery on an officer charge.  It can only get worse for your friend if there were injuries sustained by the officer.   Next, his record (or lack thereof)  and what his attorney can work out on his behalf. If he gets convicted of the minor in possession, he loses his driver's license for a year, in addition to any probation and jail time on the other charges.  He needs a lawyer.

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Will my friend be looking at any jail time for his first time offence?

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