Will my friend be looking at any jail time for his first time offence? 51 Answers as of September 05, 2011

He could be looking at jail time on the assault on an officer charge. The other charges don't usually carry jail time, as the court or the DA will typically offer some sort of diversion program if you have no record and pick up a minor offense. As for how much jail time he will face, this is very fact specific and depends on the officer's injuries and the county his court case is in. He should speak with a local criminal defense attorney about standard offers in his county as well as possible alternatives to jail time, such as Caltrans.

It depends on the egregiousness of the assault and resistance, and where this occurred. It is possible though to avoid jail and usually a good attorney can get an offer that includes several days of Caltrans work.

There will definitely be the possibility of jail time as Assault on an Officer is a felony offense in Nebraska. However, my guess is that unless your friend severely beat the officer, he will likely be looking at a probationary term and potentially a reduced charge because of his age and record.

Probably. I don't know how long.

Depends on the jurisdiction where he was arrested. Assaulting an officer is not a charge the Judges and Prosecutors take lightly.

There are many factors that go into the decision of what a person's sentence should be. Lack of criminal history is a positive factor. Resisting arrest is not a good choice for a first offense. He needs to hire a lawyer to negotiate with the prosecutor in order to get this all in perspective and potentially avoid jail time.

There is a definite possibility for jail time on the assault against a police officer charge. Prosecutors tend to protect their own. I would advise your friend to immediately retain an experienced criminal defense attorney and to begin attending anger management classes. The amount of jail time is difficult to predict. I would say that he has exposure for serving between 30 to 90 days of jail.

If the assault on the officer caused injuries your friend could be looking at jail time.

Other than the MIP, the other offenses do have the possibility of jail and/or prison. Whether he would spend any time in jail would depend on what he is convicted of and his record. Based on the charges, a short time in jail is a possibility.

Certainly your friend could be looking at jail time. With no prior record, there may be many options available that do not include jail. I suggest your friend consult an experienced Criminal Defense attorney to discuss his case in greater detail and learn all of his rights and options. Good luck.

When you start talking about assaulting an officer you better be thinking that jail is a good possibility. Your friend best get him a lawyer, either public or private.

Absolutely. The assault on the officer and resisting arrest combined have a maximum of 180 days in county jail. The MIP can result in a 1 year suspension of driver's license. Tell your friend to get a lawyer.

Yes, your friend will be looking at jail time. He or she should hire the very best criminal defense attorney he or she can afford.

That depends on several things I don't know. What did the officer write in his Arrest Warrant Affidavit? How serious was the "assault?" How serious was the "resisting arrest?" Minor in possession of alcohol tells me this is a Juvenile Court matter. That's a Good thing. He may not face the same penalties as an adult would. Based on the facts you give - it seems unlikely that there will be jail time. However - "juvenile detention" is a real possibility. This kid needs a lawyer for charges this serious.

Your friend needs a good criminal defense attorney. It is impossible to make any predictions without further information.

Your friend needs a lawyer! He is obviously underage because of the possession of alcohol charge but assaulting a police officer and resisting arrest are serious charges. Whether he gets jail time depends on what happened. If the officer was hurt, there is a good chance that he will get some jail time even if he gets probation. If not, then he may be able to get the charges handled without jail - possibly even with a reduction to a misdemeanor.

The fact that he is accused of assaulting an officer is the only thing that might cause the DA to want jail time in my opinion. But, as a first offense, unless the officer got hurt, I don't think so.

It is distinctly possible this person will serve some jail time if convicted of all charges the assault on an officer charge is normally filed as a felony.

Certainly assaulting crimes against the police are ripe for extensive jail time. He needs the best lawyer he can afford.

The answer to that question depends upon alot of information that has not been provided. What were the injuries to the officer for instance? Check out my website to find a good criminal defense lawyer.

The charge of Assault & Battery (A&B) on a Police Officer carries a minimum 90 days in jail. That does not mean that your friend necessarily has to go to jail. What he should do is hire a very good criminal defense attorney to defend him.

It depends a lot on the facts of the case, the exact charges that are filed and the county you are in, but it is somewhat unlikely that your friend will get jail time as a result of this case.

The potential is certainly there. A minor in possession charge carries with it a max sentence of 90 days in jail and a $1,000.00 fine, assault of a police officer: 1 year and $5,000.00; resisting arrest: 1 year and $5,000.00. Sounds like your friend was very foolish. How much jail if any, may well depend upon the facts of the case and how aggressive the prosecutor wishes to be. Consult with an attorney.

In all probability your friend will be charged with Assault 3, which is a felony, Resisting Arrest and possibly MIP. Your friend's punishment will depend on any criminal history and the exact charges. I would need far more detail to be more exact but your friend should plan on some jail time at a minimum.

That depends on the judge, the prosecutor and his attorney. He should not plead guilty right away as it ruins his bargaining power. It could be bargained down to something that maybe he could keep a clean record or so.

An assault on a police officer is either a felony or a gross misdemeanor. If he is convicted of the charge and/or the facts are not favorable, he is likely looking at the possibility of some jail time.

There is always the possibility of jail time with these charges. The resisting and MIP charges have a maximum of one year in jail. If the assault on the officer is charged as a felony third degree assault, there is a standard sentence range of one to three months in jail.

The prosecutors take this charge very seriously because they work with the officers every day. If the officer received any kind of injury the case is even more serious. Jail time should be expected in either case if found guilty. Have him hire a criminal lawyer in the area where this happened. Local lawyers know the court the best.

How bad was the assault on the officer? The more severe the assault, the more likely at least some jail time will be given. Resisting & Obstructing is the most abused and overcharged statute and is often used as a bargaining tool by the prosecutors who will either dismiss the charge or drop it to a misdemeanor of Attempt in order to secure a plea. I don't know if the R&O is warranted in this case but that is a felony as well. Your friend could be looking at some jail time and possibly prison time as they are felonies, but that is rare and unlikely. Probation is a possibility as well. Without having full knowledge of the facts, it will be impossible for anyone to give you a precise answer as to what he is likely facing. His attorney should be able to give him a pretty good idea. A lot will depend on who the judge and prosecutor is as well.

In all probability, your friend will not be facing jail time for a first time offense, however, anything is possible. He should hire an attorney to represent him in court.

It depends if he is a juvenile or an adult. It also depends upon the officer's view, how he addresses the issues that caused the behavior (i.e. drinking and anger), and if he has a good lawyer.

Your friend should hire an attorney quickly. A charge of assault on a police officer can be a serious charge. Your friend needs to mount a good defense as quickly as possible.

Depending on the seriousness of the assault on the officer, he may qualify for a first time offender program. Hire an experienced criminal defense attorney to explore your options.

Would he be looking at any jail time? Yes. If so how long? Depends on the charges.

Sad to say, but it really depends on the county were the alleged violation took place.

Of course he is. The prosecutors and judges don't look kindly on people who assault police officers, plus he has multiple crimes charged against him. You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. When charged with any felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 12 months in jail. What can you do? When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Depending on how your friend assaulted the officer, he may be looking at misdemeanor offenses that typically result in probation, rather than a jail sentence. If the assault on the officer was serious, then it is possible he could be charged with a felony offense that could result in mandatory prison time. He should hire an attorney immediately or, if he cannot afford one, ask the Judge to appoint one to defend him. John Boyd Disclaimer: All recipients of e-mail should be advised that: (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent between you and this law firm may be copied and held by various computers it passes through as it is transmitted; (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or this firm's computer or even some computer unconnected to either of us that this e-mail passes through. Further, unless you have retained this law firm to represent you, nothing in this or any other email should be considered confidential, subject to the attorney-client privilege, or as establishing a lawyer-client relationship. I am communicating to you via e-mail because you have consented to receive communications via this medium.

Jail time is always a possibility in any criminal case, but it will depend on several factors (assuming they can prove the case against him in the first place). Most importantly the facts of the case. The prosecution doesn't look too favorably on a battery on an officer charge. It can only get worse for your friend if there were injuries sustained by the officer. Next, his record (or lack thereof) and what his attorney can work out on his behalf. If he gets convicted of the minor in possession, he loses his driver's license for a year, in addition to any probation and jail time on the other charges. He needs a lawyer.

He could be looking at some jail time. California very seriously prosecutes assaults and batteries on police officers. However, these charges are also liberally applied. DA's overcharge sometimes because they know the charges will eventually be reduced. If there is video or audio, this should be obtained throughout discovery. Your friend should look into hiring an attorney immediately.

Yes, he is looking at up to one year in county jail for one of the offenses and six months in custody for the other. However, in the right hands and with the proper criminal defense law firm representing him, he will be properly represented.