Attempted assault in the second degree

Asked 11 months ago - Medford, OR

how much time could my friend get for an attempted assault 2 charge? He has absolutely no criminal history.

Attorney answers (2)

  1. Jeffrey S Siefman

    Contributor Level 12

    3

    Lawyers agree

    Answered . Nobody here can really answer that for you without knowing more. The facts, what county, etc. Other than that you will just get some pretty unhelpful information. I'd have your friend contact a private lawyer or get a public defender. That is who will best know your friend's exposure. Now the unhelpful information Assault II is a Class B Felony, so Att Assault II is a Class C Felony. The statutory maximum for a Class C felony is 5 years in jail and a max fine of $125,000.00. Though based on the Sentencing Guidelines your friend is more likely looking at probation with a max of a few months in jail. You really need to talk to have friend talk to their lawyer or get one.

  2. Karen J Mockrin

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Questions about how much time someone could get for a felony conviction are eminently reasonable, and sadly impossible to put a real figure on without knowing all the details (which you MUST NOT post online). I really wish we, as defense attorneys, could just give simple answers to questions like yours.

    But Mr. Siefman is correct. You can take a look at the statutory maximums, but understand that it's just not that simple. Courts can go higher than the maximum (which does make you wonder why they call it a "maximum," but hey) if there are aggravating circumstances, and Oregon has adopted complicated guidelines for felony sentencing.

    Best thing you can do: Tell your friend not to talk to anyone (including you) about his case except an attorney. Tell him to find an attorney NOW! If he cannot afford one, he should request that one be appointed to him free of charge.

    Dear Asker: This answer does not constitute legal advice, and I am not your attorney. No attorney-client... more

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