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Penalty for Felonious Assault and Probation Violation

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  • 08-20-2011, 10:39 AM
    dead_onion
    Penalty for Felonious Assault and Probation Violation
    My question involves criminal law for the state of: Michigan

    ok, so this isn't about me. my wife (seperated) has a guy around the kids

    in 90' this guy served 5 years for robbery.
    in 04 he had a cocaine conviction, put on parole, absconded, served 100 days.

    in 2010 he had another coke conviction along with marijuana, put on probation, absconded, put in jail, sentence waived for residential treatment. a year later he absconded again, and is awaiting a his hearing at the end of the month.

    During probation this past april he picked up a new charge, felonious assault and domestic violence. He pled guilty to this a few days ago. sentencing is set for september.

    My ex. says that he is just going to get probation and isn't going to serve time.

    I think she is full of crap.
    I want this guy to go to jail because I don't want him to have anything to do with my children, which are 4 and 1.

    What kind of sentence do you think he is going to get? He is in Oakland County before Judge Rudy Nichols.
  • 08-20-2011, 03:06 PM
    dead_onion
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    anybody???
  • 08-20-2011, 03:23 PM
    Dogmatique
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    Dude, it's Saturday - and we're all volunteers here :)


    But that aside, unless you can articulate that he's a threat to your children there's no way you are going to prevent him from ever coming into contact with them ...as you've been told. He could get 5 years and that STILL doesn't mean he's a threat to the children.
  • 08-21-2011, 06:01 AM
    dead_onion
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    yes I understand that. But my question was what is the most probably sentence for this man?
  • 08-21-2011, 10:46 AM
    Dogmatique
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    You didn't actually tell us under which statute he's been charged and/or has violated.

    So nobody here can guess.

    PLUS it honestly depends on the judge to a great degree. The crystal ball is out for repairs ;)
  • 08-21-2011, 11:11 AM
    dead_onion
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions.
    Sec. 82.
    up to 4 years in prison.
    He also picked up a domestic violence charge.
    He pled guilty to both of these charges, and 2 other charges were dropped (I don't know what they are)

    He picked up the felonious and domestic charge while on probation for a cocaine/narcotics violation in 2010, He had at least one previous narcotic/cocaine conviction in 04. In the court record it said something about enhanced sentencing for 4th offense but I didn't see those in his history. he was sentenced to probation, absconded, sentenced to residential treatment. And he absconded again, I think by picking up this new charge or possibly something else. He was charged with the felonious on 4/1/11, and he absconded from the narcotic count in june. i don't know if that is why they say he absconded. He has to go to the VOP hearing on the 29th.

    His sentencing for the felonious assault and domestic violence is set for 9/23
  • 08-21-2011, 06:14 PM
    viol8te
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    Doesn't necessarily equate to jail time. It depends on the judge. Coke charge was not a violent offense. The domestic charge can go for probation or time considered served. Too many variables. But there is a good chance for jail depending on the the judge and the recommendation from his PO.
  • 08-22-2011, 11:24 PM
    dead_onion
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    I got some of the court docs, he pulled a knife on his girlfriend at the time.
    It also says the prosecutor will be using "sentence enhancing" because this is his 4th felony (3 previous narcotics felonys) and could get 15 years.
  • 08-22-2011, 11:31 PM
    Dogmatique
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    Then that's your answer.

    If he goes away for 15 years, he's going to have little - if anything - to do with your children.
  • 08-23-2011, 11:34 AM
    dead_onion
    Re: What Kids of Sentence for Probation Violation and Felonious Assault
    ok, so I talked to his probation officer, she couldn't give me the specifics, but she said if I am concerned about him being around my kids, that after his VOP hearing I wont have to worry anymore!!
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