AboutWilliam A Saunders Expertise I can answer general questions about the legal system, how the courts work, corrections and law enforcement in general. I cannot provide legal advice.
Experience The criminal justice system, juvenile justice, law enforcement, and community corrections/correctional education
Question Hi, I asked a question about the potential sentencing of a friend a few weeks
ago.
See- "Hi, I stumbled upon a question asked about a month ago pertaining to
criminal mischief in the first degree on two counts due to vandalism ie:
spraypainting. You had mentioned that the sentencing really depends on
criminal history and signs of remorse. I happen to have a good friend in a
similar situation save for insead of spraypainting he drunkenly put his hand
through the plate glass window of a bar he wqs drinking at whereupon he
was violently taken down by the staff in the street, causing some relatively
severe facial trauma (broken nose, two black eyes, cuts & scrapes etc.) He
was charged with criminal mischief in the first degree and sent two the
hospital for his wounds including a signifigant laceration on the hand from
the window. As for the window he was blacked out and really only came to
for the take down. His criminal record consists of a duii in 2004 with no
other violent or property crimes ever comitted. He is in fact completely
remorseful, embarassed, and has since completely stopped drinking and
attends daily AA meetings. Curiously, if the matter cannot be settled with the
owner of the establishment before trail what kind of sentencing might he be
looking at?" 2/27/08
My friend has since been to his araignment wherein the felony charge has
been dropped (crim. misch. 1) and in it's place are two counts of crim. misch.
2 (one for intentional damage and one for reckless), and one charge of
reckless endangerment to another. The defendant has already spoken with,
apologized, and paid restitution to the bar owner. It was at his araignment
that he learned of the new charges and it seems that a bystander at the
incident is in fact pressing the reckless endangerment charge. All is still the
same in the life of the defendant. He has been attending AA daily since the
incedent and has only a duii charge from 2004 on his record. He has applied
for a public defender. What may he be facing with the new and seemingly
contradictory misch. charges along with the reckless endangerment>
Answer Hello,
It really depends on the facts and circumstances in the case. Who is this individual filing the new charges? Why weren’t the charges filed initially? What is known now that was not known then? Was anyone hurt or injured in regard to these new charges? Was there any property damage? Is this new person with the new charges reliable? Unless there are additional facts, the answer I gave last time would most likely apply even with the new charges. Your friends should get a lawyer to look into these questions.
