My boyfriend is doing 2 and half years in prison.

Asked 4 months ago - Utica, NY

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He is there for a assault in the second degree it is his first time in trouble with law do u think he would go to a medium max or mimumin prison? Also does doing his ged and getting into programs take time off his sentence time?

Attorney answers (4)

  1. Contributor Level 20

    5

    Lawyers agree

    Answered February 06, 2013 19:37. Medium as it is a violent charge.
    Due to the nature of the charge, he has to serve 6/7's of the sentence which is approx 25 months less time already served.



    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Pro

    Contributor Level 13

    4

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    Answered February 06, 2013 21:38. Assault in the second degree is a violent felony charge. Generally this would indicate that he would start in a medium security prison. Getting his GED and taking part in programs can certainly be a positive thing on his prison record when he comes up for a parole hearing.

  3. Pro

    Contributor Level 17

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    Answered February 07, 2013 04:38. If he is serving a determinate sentence, mere enhancement progams won't make a difference on his serving the mandatory sentence. He will also be doing some type of post-release supervision which is usually part of the sentence. The distinction between max and min prisions has diminished over the years in NYS.

  4. Pro

    Contributor Level 15

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    Lawyers agree

    Answered February 06, 2013 19:12. Most likely he will start in a medium security facility. Also he will get credit for his good time served.

    www.lawofficeofwilliamdaley.com

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more

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