My husband went to jail for assult in the first degree on a police officer.he has to do 8.5 yrs is that right?

Question

he got sentenced to 10 years and out of that he is supposed to do 8.5. We appealed it with court to get the charged reduced to just regular assault but it was denied. NOW we are appealing it with the supreme court. Do you think that something positive will come out of this?

Answer 1

Sorry, but probably not.  Sounds like he has been hit with a crime requiring him to serve 85 percent of his time before he is parole eligible.  Lots of states have a percentage around 20 to 15 percent parole eligibility unless there is a special circumstance.  Sounds like they have hit him with one of those special circumstances.  It could be something like a weapon was involved, was in the course of another felony, serious injury etc.  The bad news is that once that 85 percent is triggered there is usually a provision that states there will be no possibility of shock probation, conditional discharge, etc.  And cases very rarely are overturned on appeal.  Especially, when a lower appeals court has denied your motion.  So I would say the chances aren't good that the supreme court will overturn his conviction.  Especially in states where supreme court judges are elected, as these judges are politicians too and they don't want to do anything too unpopular like seeming soft on crime.  But, don't give up hope because I don't know any of the specifics and I could be way off base.  I might be able to tell you a little more if you could let me know what state he is charged in.  But again, don't let me get you down cause I could be completely wrong on this one.  And is he charged with assaulting a police officer, or assault first where the police officer is the victim.  I might be able to tell you a little bit more with some more info.

Answer 2

It's good that you are sticking with your husband, but I have to tell you that appealing it is going to cost you a major fortune and will probably not be worth it considering what the outcome is  most likely to be.  As far as your husband being in good with the CO's...most CO's are professional enough to treat prisoners like they would want to be treated.  Your husband may be on good terms with them, but I doubt he is, "in good with them."  To me that is implying that he is in a position to manipulate them, and he may be, but I doubt it.  I'm sure that's not what you meant though.

Answer 3

d**n HOMEY. I would do the same thing. He should only get 5 yrs but if he really beat down the cop they're right .

Answer 4

Well, assaulting a cop is a pretty dumb thing to do and he should've known better. I'm not sure why you're even bothering to post this question. Can you at least provide any extenuating circumstances for the incident? Before the assault occurred, did the cop properly identify himself and was the arrest fully legal? (i.e. did he have probable cause to arrest your husband in the first place, and was not using excessive force?)

Answer 5

It really depends on the judge and the circumstances of the case. If he was convicted and it wasn't reduced it's likely that it won't be looked at by the supreme court, but if you have good reason to believe your husband's rights weren't respected then you should try.

Answer 6

Mimi ... You haven't really told us a lot so it's impossible to say whether your efforts to appeal the judgment or the sentencing will succeed.

I'll add this, though ... If your husband DID assault the police officer, do you really think they'd let him off just because he wants to get off or he wishes he hadn't done it?

I know someone reading this will want to "flame" me, or maybe worse.  But ask yourselves: Who do YOU call when you get into a jam and need help?

Enough said.

Answer 7

There has to be some technical error with the trial and/or the sentence in order for the Supreme Court to even hear the case.  Assaults on police officers are not taken lightly by anyone in the system and I agree with that stance.  These men and women put their lives on the line daily for the safety of the general public and there reward should be more than being assaulted in the course of their duty.  He did the crime, now he's got to do the time.

Answer 8

idk  cops deal with alot of stuff and being assualted just ticks em off like crazy   trust me  that police department is probably going to do everything in its power to give your husband the largest sentence possible

Answer 9

Doubtful.  Assaulting a police officer is a big deal, and people that do it get hammered.  Maybe if your husband gets some time served he can be elidgeable for parole and get released for good time and then be on probation but at this point I think that you are appealing something thats just not gonna work out.

Answer 10

It is all dependant on the circumstances surrounding the assault, your state's statues, his prior record, if any, and if there were any other charges filed along with the assault.  It also depends if he signed a plea agreement, went to trial . There are a lot of variables.

Just for example, here is Nevada's Statute on Assault:

NRS 200.471  Assault: Definitions; penalties. [Effective January 1, 2008.]

      1.  As used in this section:

      (a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail;

             (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (c) “Provider of health care” means a physician, a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern and an emergency medical technician.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (h) “Taxicab driver” means a person who operates a taxicab.

      (i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event, and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (Added to NRS by 1971, 1384; A 1981, 903; 1985, 248; 1989, 1010; 1991, 124, 774; 1995, 21, 1190, 1321; 1997, 434; 1999, 140; 2001, 380, 986, 987; 2003, 354; 2005, 176; 2007, 1848, 3078, effective January 1, 2008)

Answer 11

Assault an LEO?  He should get more than a lousy 8.5. Glad it was denied.

Answer 12

NO.  The courts do not take lightly to assault on a police officer.  If he is stupid enough to assault a cop he deserves jail time.

Answer 13

Depends on what happened and what his rap sheet looks like.........

Answer 14

Honestly...NO sounds like he has some history. The 8.5 is really 85% and that is because it's a violent crime. People that are not violent can do as little as 35-50% or go to places like Fire Camp where they live with groups in the forested areas and work with the Fire Departments, they are also some of the highest paid inmates.

Supreme Court may look at the paperwork 3=5 years from now. Depends on the circumstances and what he actually did.

Best suggestion I have is to give him hoope and try to encourage him to try to walk as straight a line as possible. CO's (corrections officers) which run the prisons don't take kindly to people that hurt their "family". So he's got an uphill battle. Also, the chances of him getting into trouble are pretty great and if he messes up....they'll make his life a bigger

HE** then he's already facing. They can also add time to his sentence and they will if they can.

God Bless All Of You and Good Luck!