If the person charged with Assault 2 is 19 or older, the WORST POSSIBLE scenario is that person could be sentenced to 7-years jail. You asked for the worst possible scenario, and there it is. As a practical matter, if the person charged does not have a felony on her record, and the injuries were not disfiguring or life-threatening, a good lawyer may be able to handle the case in a manner that could lead to little or no jail time at all. It depends on the circumstances of the fight, and the accused person's criminal record and background.
Assault in the second degree requires some mandatory incarceration. The sentencing range for state prison is 2-7 years. The court however is authorized to impose jail for a lesser period of time (as low as one day) in combination with probation IF she was never previously convicted of a felony. There are also substantial fines that can be imposed (to the tune of $5k). She should definitely not go at this alone. She should speak to an attorney who can advise and guide her on the strengths and weaknesses of the case. Depending on the facts and circumstances an attorney might even be able to negotiate this matter down to something other than an assault in the second degree avoid a felony conviction and maybe even jail time. Good luck!
As other attorneys have stated, the worst case scenario is 7 years in state prison. That is highly unlikely. With the proper representation and a clean criminal record, the defendant may be able to resolve this case without jail time. If handled well, the person might even get out without a felony conviction. There are many factors to be considered including prior record, possible defenses, the extent of injuries and what the defendant is doing with her life at the present time. Make sure you find an attorney you feel comfortable with and work together to get the best disposition. Good luck.
I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: [email protected] This answer is only for informational purposes and is not meant as legal advice.
Yes 7 years is the maximum sentence. What punishment the prosecutor will seek depends on the injuries, if any, and the circumstances of the fight. Since she has no prior felonies, she may be able to get a non-jail disposition and possibly get the charges reduced down from a felony.
I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.
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So much for girls behaving badly. Fortunately, justice does not stock gender in its formulary.
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