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If my boyfriend is doing a 15-life sentence and saved a guard from being thrown off a tier, will they shorten his sentence?

San Francisco, CA |

He got in a bar fight and another man was stabbed and unfortunately died. While incarcerated he stopped another inmate from throwing a sheriff's deputy off a tier.

Attorney Answers 4

  1. Your boyfriend's acts are clearly heroic, however, if his underlying 15-life case has concluded and he has been sentenced for that offense, his heroism will not affect his sentence unless the prosecutor agreed to re-sentence him because of his valiant efforts. However, since he is eligible for parole at year 15, perhaps the parole board will take his actions as a factor in consideration of determining his eligibility for release back into the community.

  2. Doubtful except to the extent that this guard will testify at a future parole hearing in an attempt to release your boyfriend. The fact is your boyfriend was convicted of some type of homicide and received a life top sentence. You don't mention if he was convicted after a guilty or no-contest plea or a trial. Certainly at some point he will receive a parole hearing and this incident should be documented and he or his should bring it up assuming it occurred as you suggested. Hopefully his prison behavior is exemplary beyond just this life saving incident. One wonders what the implications for him will be in regards to his fellow inmates given his cooperation with and protection of the guard. Best of luck

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  3. That does not change the original offense though that does shed light on his character, which hopefully will escalate his chances for a favorable parole board hearing.

    This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the information provided to me in the above question.

  4. He doesn't get an automatic sentence reduction. But, the parole board may take this into consideration at his initial hearing. I do many parole hearings. This kind of thing does impress the board. But, many other factors will come into play.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

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