Someone I know got arrested for assault with a deadly weapon and intent to kill. He caused serious bodily injury to the victim, and I was wondering with that charge alone, what would he score on their point sheet and how much time could receive for just that charge?
The assailant is trying to say it was self-defense. The victim was stabbed four times and his skull was fractured. The victim had self-defense wounds on his hands and the assailant was only hit in the face. The assailant did not go to the hospital or call the police. The victim was sent to the hospital, and the police have pictures of the wounds and pictures of the interior of the assailant’s home.
Well, without more details concerning the specific charge, I can tell you this:
If a serious injury was inflicted with intent to kill: Class C felony (4 years and 10 months to 17 years and 7 months in prison).
If a serious injury was inflicted without intent to kill: Class E felony (1 year and 8 months to 6 years and 8 months in prison).
If no was injury inflicted with intent to kill: Class E felony (1 year and 8 months to 6 years and 8 months in prison).
Either way, he needs to contact an attorney ASAP or get court-appointed counsel.
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Criminal Defense Attorney
AWDWIKISI (“Assault with a Deadly Weapon with Intent to Kill Inflicting Serious Injury”) is a Class C felony punishable by roughly 5 years on the low end of the presumptive range for a Level 1 (no criminal history) and up to about 15 years for someone with significant criminal history.
I'd need to know how many prior record points he has to give a more specific answer. Note, however, that just because he's charged that way doesn't mean that he will necessarily be convicted of the charge - he could win at trial, or he could take a plea (if one is offered) to a lesser charge.
Unless extraordinary mitigation is found, the punishment is a mandatory active sentence – meaning prison time – and no probation is permitted.
He needs a good lawyer.
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Violent Crime Lawyer
I agree with both answers. He needs to find an experienced criminal defense attorney.
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