First, I'm very sorry to hear about the injuries you sustained as a result of this incident. It's hard to tell from the way you state, "Can he get off without jail time..." if you're hoping that he does in fact "get off"or if you want to see the book thrown at him for what he did to you. Either way, not only is he facing likely jail time, but he's almost assuredly facing a significant state sentece if he's only convicted of Section 6105 of the Uniform Firearms Act (Possession of a firearm by a prior felon). The Offense Gravity Score (OGS) for that offense is a 10 and he has to have a Prior Record Score (PRS) of 2 to even qualify for that offense. The sentencing guidelines for an OGS of 10 with a PRS of 2 calls for a standard range sentence of 36-48 months +/- 12 months. I've attached the sentencing guideline matrix for you below for your review. Therefore, he's facing 3-4 years as a minimum state sentence in standard range if convicted of that crime alone. If his PRS is higher, as you can see from the matrix, the sentencing quickly increases.
If convicted of domestic aggravated assault for the very serious injuries that he caused to you in the manner you describe, he is likely facing a much more lengthy state sentence. There are many other factors that could go into what type of sentence he could face. They include:
1. Whether he fights the case or enters a plea: Generally, if someone pleads guilty, they get less jail time as they are admitting to their crimes, which the court sees as the first step towards rehabilitation. He is also saving the DA's Office and the taxpayers, the time and expense of trying the case. If he goes to trial and loses, he better be prepared to face the wrath of the trial court and the DA as they will be facing an aggravated sentence.
2. His past: He is also entitled to mitigation based on how old his past criminal record is, whether he is currently employed, his educational background, his family situation, past drug/alcohol use or abuse, mental health issues, etc.
3. Negotiations: If he decides to plead guilty, his attorney can certainly try to negotiate a sentence below the above guidelines. However, based on the facts as you describe them, his prior record and the presence of a rifle, even the best criminal defense attorney may have a hard time convincing a DA to mitigate too much.
I think those are the most importatnt factors but there certainly are others. He will not "get off without jail time" unless he is found not guilty of the charges or the facts and charges are different than what you present. I wish you the best of luck. If you have any additional questions, please do not hesitate to contact me.
Brian M. Fishman
The posting of an answer to this question in no way creates an attorney-client relationship between myself and any reader. I always suggest you contact and hire a lawyer to receive legal advice.
His avoiding jail when found guilty of Agg Assault and the gun possession is not lijely with a pror record. The sentence will be a result of his prior record score and the ranked gravity of the offense of which he is found guilty. The district attorney will better explain to you the standard range of sentencing. For him, he needs experienced counsel immediately so that he knows all options he is facing. Best wishes.
He has a substantial criminal history. You have significant injuries. Chances of him getting off without jail time are probably unlikely. However, you need to keep in touch with the prosecuting attorney and victim's advocate to keep apprised of any potentlal plea bargains. Make sure you tell them what you think is appropriate.
Anthony Muhlenkamp - 314-725-7777; firstname.lastname@example.org, Frank, Juengel & Radefeld, Attorneys at Law, P.C. Feel free to call or email me for a free consultation. However, please be advised that answering questions on this webpage is done to provide general information only and that by responding to a question we have not established an attorney client relationship. In order to establish such a relationship we would need to meet in person and go over more details of your case. Thank you.