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Possible to get probation for first time assault charge?

Louisville, KY |

My friend had Pretrial yesterday but didn't get to go to court because there was a trial going on from Monday so his Pretrial got laid over til March 28. On March 28th, he will have exactly 6 months of time in. Is it possible for him to get probation with time served? If not, when would he likely be able to go up for parole?

Attorney Answers 2

  1. Assault In the First Degree is a serious felony in this state:

    § 508.010. Assault in the first degree.

    Kentucky Statutes



    Current through 2010 Extraordinary Session

    § 508.010. Assault in the first degree

    (1) A person is guilty of assault in the first degree when:

    (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or

    (b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.

    (2) Assault in the first degree is a Class B felony.

    History. Effective: January 1, 1975
    Created 1974 Ky. Acts ch. 406, §65 , effective January 1, 1975

    A Class B felony carries 10-20 years, a fine up to $10,000.00, plus court costs of about $150.00 upon conviction.

    Depending on the facts of the case (fist fight, use of a gun or knife or other dangerous weapon, a beer bottle, etc.) and the extent of the injury to the "victim" ( broken nose, teeth lost, broken bone, gunshot wound, medical bills, loss of limb, etc.), each assault case is different. The defendabt's prior criminal record, was he on probation or parole at the time, etc. are all factors considered in a plea negotiation or decision to go to trial by jury.

    Some degrees of Assault can be probated; some will carry time in the pen at 20%, 50% or 85% to serve of the term of years sentenced. Any time to serve will get a credit for all the jail time served in pretrial detention awaiting trial.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  2. You didn't say which degree of assault that your friend has been charged with, only that is was his first charge. There are misdemeanor assaults (Assault in the 4th Degree) and felony assaults. The felony assaults include assaulting a police or corrections officer (Assault in the 3rd degree) and then First Degree and Second Degree assault, which depend on the seriousness of the injury, whether a weapon was used, etc.

    Assuming that that the prosecuting witness was not seriously injured and that your friend has little to no criminal history (especially priors involving domestic violence), the prosecution will likely offer him probation. He may have to jump through some hoops with his probation officer by attending domestic violence classes, anger management classes, and getting drug / alcohol assistance.

    I hope this information is helpful.
    Thanks for your question,

    This communication does not create an attorney-client relationship and information provided in this forum is not confidential. All answers are for informational purposes only. Every case is different and involves a different set of facts. This forum cannot replace competent legal advice by a licensed attorney. I will be happy to provide further assistance. I can be reached at (502)694-0529. Thank you.

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