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HOW LONG WOULD MY BOYFRIEND HAVE TO SERVE IF HE HAS A PUBLIC DEFENDER INSTEAD OF AN ATTORNEY WITH AN AGGRAVATED ASSAULT CHARGE?

Memphis, TN |

HE'S ALREADY BEEN SITTING DOWN THERE FOR THREE MONTHS. THE VICTIMS CLAIM THAT HE SHOWED THEM A GUN. HE WASN'T FOUND WITH A GUN OR ANYTHING LIKE THAT. HE'S ALREADY HAD A PRELIMINARY HEARING AND HE WAS ALREADY OUT ON A BOND BEFORE HE GOT LOCKED UP AGAIN. HE WANTS TO GET A PUBLIC DEFENDER BECAUSE HE CAN'T AFFORD AN ATTORNEY RIGHT NOW. I KNOW IT TAKES 90 DAYS FOR AN INDICTMENT TO BE SET. THEREFORE, HE'LL BEEN DONE SAT DOWN THERE FOR 6 MONTHS DO YOU THINK THEY WILL LET HIM GO ON PAPERS AND TIME SERVED?

Attorney Answers 3


  1. Aggrivated assault is a serious charge. It gets more serious if serious bodily injury results and also can be affected by the nature of the victim. Plea deals and sentence depend on the strength of the case against him, the witnesses, the evidence, confession and statements of the accused, his prior record, and what the reason is he was put back into custody after having been on bond. You need to speak with a local attorney and have more facts available.

    Legal disclaimer: This answer does not constitute, legal advice nor does it constitute an attorney-client relationship. www.lygnoslawfirm.com 813 259-9494 Michael Lygnos, Esq., Lygnos Law Firm P.A., Serving Tampa Bay, Florida


  2. A Public Defender is an attorney, no different than another lawyer. I am a part-time public defender attorney in Shelby County, but mostly a Memphis criminal lawyer in private practice at the T. Bailey Law Office. There are actually quite a lot of advantages to having a public defender. In Memphis, the public defender office has free resources available for the client including full time investigators and each assistant public defender is assigned a courtroom, where they are familiar with the judges policies and the prosecutors' settlement preferences. This is a great advantage I think.

    An Aggrevated Assault in Tennessee is a class C felony. Very serious.

    This is not acceptable as binding legal advice. Please feel free to call the Board of Professional Responsibility or your local bar association for a clear and independent answer regarding this question and your local bar rules.