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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3984
Experience:  9 years legal experience, primarily in criminal justice
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My daughter was charged with a felony assault of a minor. The

Customer Question

My daughter was charged with a felony assault of a minor. The boy hit her first after threatening her child with a baseball bat. The boy's mother is employed by CPS. The child that she hit is around 9,very large for his age. My grandson had already entered my daughter's apartment. The child was throwing rocks at my daughter's window, and kicking her plants. She went out to talk to him and he started to kick at her. She held him down and talked to him & he kicked her in the groin when she let him up. She then slapped him in the mouth & busted his lip.
My daughter is Bi-polar & suffers from post traumatic stress d/t rapeas a child. She is unemployed, a 2nd year RN student. She did not deal with the situation well. She was loud/agitated when she was taken before the judge. She is still incarcerated.
My questions: 1)how long will it be before she speaks to a court appointed attorney? 2) what sentence is she likely to receive? in past arrested for assault/charges dropped. any advice?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 4 years ago.
Hello.

Her official right to counsel doesn't attach until her arraignment, so she will likely have her first meeting with the public defender at that time.

Felonious assault can carry between two and twenty years in jail. There's no way to estimate what in that range that she will get, because it all depends on how strict the judge and prosecutor are, as well as what the victim and his family wants. Her attorney can try to get a lower sentence based on the fact that the child was the first aggressor and the fact that she has mental health issues.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3984
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Is there any way to find out when her arrainment will take place? Would it be better for me to bail her out and place her in a mental health facility?
Expert:  Hammer O'Justice replied 4 years ago.
You can call the court clerk's office to find out when her arraignment is scheduled.

Generally, when the mental health problems gave rise to the crime that was committed, it will help if she gets treatment prior to the trial date for those problems.  A judge will usually take that effort into consideration when determining what sentence she gets.  If you can get her enrolled in a good program, that may help to get her a lesser sentence in the long run.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3984
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
I am not sure that I have the terms right. She has been charged (that is arraignred?) with Felony Assault of a Minor. Next she will have a trial date set. I cannot find out when this trial date will be. The district clerk has been unable to tell me.She has not been assigned an attorney as of yet, although she did fill out a form Saturday after the arraignment.
Expert:  Hammer O'Justice replied 4 years ago.
The arraignment is when she is advised of her charges and enters a plea of guilty or not guilty. If she filled out the form, she should be assigned an attorney very soon, so the attorney has the opportunity to prepare for trial. That attorney should be able to keep you updated as to when a trial date is set. If you don't hear anything in the next few days, you can call the public defender's office to see when they plan on assigning her an attorney.

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