QUESTION

What kind of time does an assault with intent to kill while armed carry?

Asked on Aug 30th, 2012 on Personal Injury - Nebraska
More details to this question:
The government keep reducing the charge. What can we do about this madness?
Report Abuse

11 ANSWERS

Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
Update Your Profile
A lot, and it is one of those where you have to serve a large percentage of the time.
Answered on Sep 13th, 2012 at 8:13 PM

Report Abuse
Family Law Attorney serving Provo, UT at Havens Law, LLC
Update Your Profile
It sounds like you are affiliated with the victim of the crime and that the Government is not listening to your requests. Aggravated Assault is Assault with a weapon and is a third degree felony. In Utah, a third-degree felony is punishable of 0-5 years and a fine of $5,000 plus surcharges. A third-degree felony is the lowest tiered felony, underneath a third-degree felony is a Class A misdemeanor which carries a punishment of 0-1 year in jail and a $2,500 fine plus surcharges. My hunch is that the Government is either trying to enter into a plea bargain with the criminal or are reducing the charges because they don't have enough facts to support a charge of Aggravated Assault. The best thing for you to do is to hire an Attorney to find out exactly what is going on and how to stop the State from reducing it's charges. Regardless, Utah has enacted the Crimes Victim Restitution Act that compensates a Victim's loss. Victim's hold a lot of weight when the Sentencing Hearing comes. Judges in Utah are actively engaged in ensuring that Victim's are compensated for and their voices are heard at Sentencing which can greatly affect the time a criminal serves. Contact with the Prosecutor and Investigating Officer are the best ways forward with a legal representative.
Answered on Sep 11th, 2012 at 12:51 AM

Report Abuse
William C. Gosnell
In Tennessee 15 to 25.
Answered on Sep 11th, 2012 at 12:40 AM

Report Abuse
Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
Update Your Profile
Double Hard Time. If one carrys a gun to an assault, no witnesses should be left to question your self defense. Why carry a gun, if you don't use it? See if you can plead to a misunderstanding defense? Good Luck.
Answered on Sep 09th, 2012 at 4:03 PM

Report Abuse
Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
Update Your Profile
As for the sentence, you need to speak to a criminal attorney, not a personal injury attorney. The District Attorney has tons of discretion to do what he wants as far as charges go. If they are going to prosecute, they want to win, so they may reduce charges to one where they feel they can have the most success. There is little you can do about it. I doubt complaining will help.
Answered on Sep 09th, 2012 at 4:02 PM

Report Abuse
Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
Update Your Profile
Do NOT stop them from reducing the charge. As long as they are reducing the charge, you are winning the war!
Answered on Sep 09th, 2012 at 3:03 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
The answer to your first question is in a chart, somewhat c omplicatedf Criminal lawyers will help you if this is a serious question. Do you have one. You say the DA is reducing the charge. That is exactly what you hope to do. Talk to the best criminal lawyer in town before asking more questions. You are not equipped to handle such a thing on your own.
Answered on Sep 09th, 2012 at 8:36 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
It carries up to 30 years. I'm not sure what you mean by "what can we do to stop this madness?" If you are the victim, and you are upset that the state keeps reducing charges, you can advise the prosecutors that you object to the reduction in charges. However, the state may reduce the charges despite your objection. There are a number of factors that prosecutors consider in choosing to reduce charges, and the victims' wishes and desires is one factor among many. Often what seems to be madness to a victim or defendant is actually a just result.
Answered on Sep 09th, 2012 at 8:32 AM

Report Abuse
Ronald A. Steinberg
That is a function of the Statute that makes the behavior a crime. They tend to "overcharge" so that they can negotiate a stiffer compromise.
Answered on Sep 07th, 2012 at 5:34 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
That is a major offense and will carry significant prison time, The prosecutor is seeking a plea deal to avoid trial and still cause the prep a reasonable punishment.
Answered on Sep 07th, 2012 at 5:09 PM

Report Abuse
Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
Update Your Profile
Your Question does not really involve an "Injury" as you are really asking about sentencing for a criminal assault. I do not practice criminal law and, as such, I cannot provide an answer to your question. I would suggest re-asking your question and list "Criminal" or "Criminal Defense" as the Category instead of "Injury."
Answered on Sep 07th, 2012 at 5:04 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters