First 3rd degree felony was in 2008 for resisting arrest with violence I received probation for that charge & now in 2013 I am being charged with aggravated stalking if I were to be found guilty of that charge how many point would that consist of & would I be looking at prison time?
Agg stalking is a level 6 offense. If that is your only charge and there are no enhancements then its scores out at 36 points. Resisting with is a level 5 offense and scores out at 5 points, for a total of 41, which is > 44 and which leaves you in non-state prison range.
Note that you are right on the cusp so if you have any enhancements then you could easily bump up and over the "safe zone".
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Criminal Defense Attorney
I believe that the point total would be 39.6. Unless the court chose to depart upward from the guidelines that score would indicate a non-state prison sanction such as County jail, community control or probation.
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