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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23578
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Son charged with second degree assault, no weapons involved,

Customer Question

Son charged with second degree assault, no weapons involved, several guys beat up one huge has 7 months left on probation
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer. Thanks for requesting me.
What is the question you want to ask? Is there a self-defense issue? Has probation violated him yet?
Customer: replied 1 year ago.
No self defense.. Not violated by probation yet
Customer: replied 1 year ago.
What amount of time could he be facing?
Expert:  Zoey_ JD replied 1 year ago.
What is he on probation for?
Customer: replied 1 year ago.
Burglary2nd degree
Customer: replied 1 year ago.
7 months left on probation
Customer: replied 1 year ago.
Could u tell me what possible time he could be facing?
Expert:  Zoey_ JD replied 1 year ago.
Thank you for the response.
In Missouri a second degree assault is a class C felony. A class C felony in Missouri carries a maximum possible penalty of 10 years of prison. You can see the statute for an assault in the second degree here:
http://www.moga.mo.gov/mostatutes/stathtml/56500000601.HTML
On top of that, he can be violated on probation. Time on the outside at liberty on probation does not give your son any credit for jail time on a violation. So if probation wants to revoke him and have him resentenced, the judge can resentence him to anything up to the maximum for the crime that he pled to. Burglary in the second degree is also a Class C felony with a maximum possible sentence of 10 years.
Your son is in a very serious situation. His worst case scenario would be 20 years of prison, and while I don't see that happening, he needs a lawyer.
Typically probation won't violate him until they see whether the state will really indict him for the felony. But if he is indicted for the second degree assault, he may be able to get a package deal from the DA on the violation and the assault to spare him consecutive time.