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

My friend was arrested for...
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
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Answered in 5 minutes by:
6/4/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

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.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 years ago


i have more questions relating to this original q

Dear Dahlia,

What is your question?
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Customer reply replied 4 years 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
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!
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
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Experience: Experienced Licensed Attorney / Criminal Law Mentor

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