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What is the standard prison sentence for Assault in the 1st degree for a first time felon without any previous criminal record?

Tampa, FL |

The person in question found his girlfriend sleeping with another guy and he physically assaulted him. The victim suffered servere bodily harm; broken nose, cracked eye socket, broken ribs, ruptured spline and was in a coma for a week. The boyfriend used only his fists and feet in the crime.The girlfriend heard her boyfriend screaming, "I'll kill you!" to the victim repeatlty through out the incident. What would be the standard sentence for him since it was his first time to ever commit a crime? Also, would he get probation after his sentence is served.


Attorney Answers 2


What his sentence would be is hard to guess. It sounds like he could be charged with an Aggravated Battery, a 2nd degree felony, punishible by up to 15 years in prison. If this is the defendant's first crime, he could get some prison time, possibly followed by probation. However, the only way you will get an answer with any real value is to consult with a local attorney and he can look at the arrest affidavit. It may be possible for an attorney to negotiate a non-prison sentence or to a lesser charge.

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There are a lot of variables to be considered that are not included in this set of facts. It depends on what actual crimes have been charged. You mentioned assault but the facts you've described include a battery because there was an alleged actual touching.

An aggravated battery with a deadly weapon, for example, "scores" a minimum of 21 months in prison, assuming there is no prior criminal history and with no victim injury points being assessed. It is punishable by up to 15 years in prison.

It depends what kind of weapon was alleged to have been used. Guns almost always involve "minimum mandatory" sentences, regardless of the score. An aggravated battery with a firearm has a 10 year minimum mandatory prison sentence.

It depends on where the crime was committed. If a defendant enters a person's home without permission and with the intent to commit a crime, and there was an assault or battery, that is a burglary of a dwelling with an assaut or battery, a first degree felony.

So there are a lot of unknowns here. If a person is sentenced to less than the statutory maximum, then probation can follow the prison sentence.

This person should really consult an attorney to evaluate the actual crimes charged, analyze the facts, evaluate the strengths and weaknesses of the case, as well as try to negotiate an outcome or take the case to trial.

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