My little brother was involved in a fight he is 18 years of age . We live in new york and I was wondering whats sentence will he get? He was involved in a fight and the other person ended up in the hospital. He was charged with 1st degree assault and 1st degree attempted assault.
Criminal Defense Attorney
Assuming your brother gets convicted of the top count (either after a trial or by way of plea) the Assault in the First Degree is a class B felony and the Attempted Assault would be a class C felony. Due to your brothers age he might be able to get Youthful Offender adjudication. A youthful offender finding substitutes for a felony conviction. Therefore, the court may impose any sentence authorized for a class E felony.
The sentencing possibilities are one of the following:
An indeterminate sentence of imprisonment having a maximum term of not less than 3 years and not more than 4 years, and a minimum term of not less than 1 year and not more than one-third of the maximum term. Thus, the least such sentence is 1 to 3 years, and the greatest such sentence is 1 and one-third to 4 years.
A definite sentence of imprisonment of up to 1 year, if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence.
Probation for 5 years if (i) institutional confinement for the term authorized by law is or may not be necessary for the protection of the public, (ii) the defendant is in need of guidance, training or other assistance which, in his case, can be administered through probation supervision, and (iii) such disposition is not inconsistent with the ends of justice.
Conditional discharge for 3 years, if the Court having regard to the nature and circumstances of the offense and to the history, character and condition of the defendant, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate. Because the crime is a felony, the court must set forth in the record the reasons for imposing a conditional discharge.
A split sentence including both imprisonment and either 5 years of probation or 3 years of conditional discharge. The imprisonment may be either a definite sentence of imprisonment of up to 6 months, or intermittent imprisonment of up to 4 months.
A fine of up to 5,000 dollars, or double the defendant's gain from the crime, may be imposed by itself or in addition to imprisonment, intermittent imprisonment, probation, or conditional discharge.
Unconditional discharge if the court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant's release. Because the crime is a felony, the court must set forth in the record the reasons for its action.
If a victim is seeking restitution or reparation, the court must consider ordering it, and if not ordered, the court must state its reasons on the record. If restitution is ordered, the amount will be increased by a 5 percent surcharge that goes to the collection agency.
If this crime has been committed in a manner to make it an "armed felony", then youthful offender treatment is allowed only if the court determines that a mitigating factor exists, and states the reasons for the determination on the record.
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