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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23414
Experience:  9+ years defending Misdemeanor and Felony cases.
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If a person is found guilty of first degree reckless endangerment

Resolved Question:

If a person is found guilty of first degree reckless endangerment (a class D felony), will they serve prison time or jail time and if so how much time?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 4 years ago.

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Do they have any prior criminal history?

Customer: replied 4 years ago.
Yes, prior felony 15 years ago for DWI

Expert:  CrimDefense replied 4 years ago.
Jail or prison time would be at the discretion of the court. If the person has a prior criminal record, the court will look at their score sheet and see if they are scoring any mandatory prison time. If not, then it will be at the discretion of the Judge on the sentence, since they were found guilty. It will be determined on the facts of the case and the victim. The Judge could sentence this person to prison, for up to 7 years, or could sentence them to jail, for a few months. If the fact do not rise to the level of jail or prison, then probation could be imposed. There is no exact way of knowing since it is at the discretion of the Judge but factors could be argued to impose probation instead of prison/jail.
Customer: replied 4 years ago.
Could u please explain what is a score sheet?
Expert:  CrimDefense replied 4 years ago.
It is something which the court uses to add up the defendants prior criminal history and each crime is given a certain value. If the total value reaches a number, then the court could impose that mandatory sentence.
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