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My boyfriend is doing 2 and half years in prison.

Utica, NY |

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?

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Attorney answers 4


Most likely he will start in a medium security facility. Also he will get credit for his good time served.

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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)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


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.


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.