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What is the min/max sentence for aggravated a&b, a&b domestic, and resisting arrest for someone with with a previous a&b's?

Worcester, MA |

I have had 2, 209a's in the past. I have 4 a&b's 2 dismissed and 2 convictions. 1 of the a&b's was domestic and it was dismissed but just happened 4 months ago. My wife is going to practice her maridle privelages but the other lady in this case is going to testify and so will the police officers. Court is on April 25. Please Help!

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Attorney answers 3

Best Answer
Posted

Hi,

It depends what court you are in, if you are in District Court, then the maximum you can receive on any individual charge is 2.5 years in the house of correction (this does not mean that you can have sentences served 'from and after' another sentence - i.e. 2.5 years and then another sentence starting in 2.5 years).

It is not clear which charges you think you might be convicted of, so I can't give you a certain answer. If you have an attorney he or she is the one that you need to speak to about the possible sentences.

If you don't have an attorney you need to get one ASAP.

Asker

Posted

I am out of Worcester district. I do have a lawyer, a pretty good one actually. Im just extremely worried about the outcome.

Jessica Ann Foley

Jessica Ann Foley

Posted

That is great! I get that you are worried about the outcome. Your lawyer is the best one to make an educated guess on what will happen. He or she might be able to narrow it down more on the day of trial when they see who shows up to testify and who the judge is.

Posted

These are very serious charges. If you do not have an attorney, you need to get one. If you cannot afford one, the Court will appoint one for you. It is in your best interests to have an attorney evaluate the sufficiency of the Commonwealth's evidence if your wife is not tetsifying and to discuss the risks of a trial versus a plea.

Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney.

Asker

Posted

My unborn daughter is due may 20 the last thing my wife wants is for me to be in jail. My attorney is currently trying to come up with the best solu to on because if I plea I can serve 2 1/2 years concurrent with all charges. If I take it to trial there might be a possibilty of probation.

Erin Jordan Harris

Erin Jordan Harris

Posted

I would suggest that you call your attorney to further discuss this. Typically, with a plea you will get a better deal than you would get after trial, not the reverse which is what you have stated here. A follow up call with your attorney to clarify what your options are.

Asker

Posted

I understand but i'm not trying to get my first felony.

Asker

Posted

Conviction

Posted

I strongly agree with both prior posts. The max sentencing appears correct, so it should be obvious how serious these charges are. You should already have an attorney, and I am sure every attorney who has responded would agree that acting as your own attorney is often disastrous...especially in criminal matters with such serious charges. You should try to get an attorney appointed to you or hire a private attorney ASAP! If your trial starts april 25, 2012...time is running out extremely quickly! You should contact attorneys today and go to the court today to see if you qualify for a public defender. I can't stress that enough.

This response is not to be considered legal advice by anyone. This communication, alone, does not create an attorney-client privilege. Unless you have executed a fee agreement with the attorney, that is related to the subject matter contained in this communication, you are advised not to rely on this communication to make any decisions whatsoever or to create an attorney-client relationship. No attorney-client relationship shall exist with this attorney without a fee agreement executed by you and the attorney.

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