How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
26296561
Type Your Criminal Law Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

My friend was arrested for assault on his gr. there is anorder

Customer Question

My friend was arrested for assault on his gr. there is anorder of protection. He went to see her and they got into a fight again. He was arrested again. Now he has 2 a misdemeanors 1 b misdemeanor and 3 e felonys. He is ror on 20,000 bond these are his first offenses will he do jail time.? NYC
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Customer :

yes

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about your friend's serious situation.

Customer :

me also

Alex Esquire :

Does this fried have any prior criminal history?

Customer :

I can be more exact and tell you the charges if you wish?

Customer :

no

Alex Esquire :

Sure please let me know all the charges?

Customer :

its a dv case. misdemeanors are for attemted assault to inflict harm

Customer :

also stalking 4th also criminal contempt for vilating restraing order and coming late to court

Customer :

also 2 e felonys for crriminal tresspass and breaking property

Customer :

He is in big trouble. He told me his lawyer wants him to plead guilty and no jail time but everyone else says in a dv case nyc 3 e felonys he will do time

Alex Esquire :

Thank you for this follow up.

Customer :

btw these cases are in 2 seperate courts queens ny for the assault last dec and nyc for the latter all criminal court

Alex Esquire :

Given the seriousness of the charges and the 2 felony charges for trespass and breaking property, as well as, violation of the order of protection, it is more than likely that your friend would be sentenced to do at least 1 year on the more serious felony charges.

Alex Esquire :

Also, since these are two separate criminal cases, the likelihood of jail time is even more likely.

Customer :

can they be downgraded? cause she wrote a letter to the court to drop the tpo and not pursue this. I think she is nuts

Alex Esquire :

Even if your friend's attorney negotiates a plea bargain deal, there is not guarantee that your friend won't be sentenced to jail / prison by the judge

Alex Esquire :

NO

Alex Esquire :

It is not up to the victim/gf whether to pursue these charges

Alex Esquire :

It is up to the DA

Alex Esquire :

They can prosecute and pursue charges even if the g/f wants the charges dropped and the DA will be able to compel the victim to testify or face jail for contempt or false report...

Customer :

that is what I was thinking he has anger issues. I think he should do at least anger management and probation but he doesnt think so. I kknow she has no say

Alex Esquire :

Correct.

Alex Esquire :

Well, if your friend decides to take this charges to trial, he can face up to 4 years in prison upon conviction.

Alex Esquire :

Needless to say, these are all very serious charges.

Alex Esquire :

How old is your friend?

Customer :

well the two cases are july 2 and july 11. i guess we will see what happens. but you do think he might do some jail time even if it is his first arrest? does the assault count as 1st arrest and violation of tpo count as the second offense?

Alex Esquire :

Correct

Alex Esquire :

These are two separate cases

Alex Esquire :

I really think that it will be difficult for your friend to avoid at least doing some jail time, no matter which way he chooses to go (plea deal or trial).

Customer :

he is 36

Alex Esquire :

Well, conviction of a felony would also make him loss many civil rights.

Customer :

i know and he was studying for a real estate license which he wont be able to get in nys with a felony conviction

Customer :

his fault he has to grow up and control his anger

Alex Esquire :

Correct

Alex Esquire :

I know this is your friend and you do care for him, but it is important that I do provide you with correct answer, even though I know reality might not be kind to your friend's situation.

Alex Esquire :

Do you have any related follow up questions for me?

Customer :

No you have been very helpful You have answered all I need to know. Thanks

Alex Esquire :

Thank you and I wish you and your friend the best of luck!

Alex Esquire :

Please click on the excellent service ratings, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Customer :

ok thank you

Alex Esquire :

Thank you and GOD bless you!

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


i have more questions relating to this original q

Expert:  Alex J. Esq. replied 1 year ago.
Dear Dahlia,

What is your question?
Customer: replied 1 year ago.
the friend i had talked about with two cases had his 2a misdemeanors diwngraded to violatiobs and 1b misdemeanir. His sentencing is tiday the second case 3 e felonies were downgraded to 1 felony and 2 a misdemeanors. They potpined his sentencing on that case until nov. Why would be?and will he still do time?you thought he would before. Thanks
Expert:  Alex J. Esq. replied 1 year ago.
Dear Dahlia,

Thank you for your follow up.

It might be possible for your friend to avoid actual jail sentence on the first case and be sentenced to a probation, community service and fines today, however there is a still good possibility of some type of jail / prison sentence on the second case, because of the felony conviction, however in some cases it might be possible for your friend to be sentenced to a lengthy supervised probation, even on a class 3 felony charge.

As far as, why the sentencing was postpone, it can be for several reasons, such as the court wants to see if your friend will comply with the sentencing / probation in the first case, court's / judge's schedule, etc...so it is not unusual for the court to postpone sentencing, especially if your friend is out on bail / bond and is not waiting in jail for his sentencing.

I wish you the best of luck!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.