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  1. #1
    Join Date
    Feb 2010

    Post Aggravated Assault, Habitual Offender

    My question involves criminal law for the state of: pennsylvania .....
    My brother was recently charged with a simple assault. He has 2 prior aggrivated assaults. The police report stated this incident as simple assault. He went to his preliminary hearing and the judge changed it to aggrivated. How can a judge do that? Change something to whatever he/she wants?? So now he has 3 aggrivated assaults and they say his sentencing is more then likley 25 to life. Is that correct? Is there any help anyone can give me? I am jus baffled that the judge can switch the charges on the actual police report. And I need to know what jail time is looking lik for him?

  2. #2

    Default Re: Aggravated Assault, Habitual Offender

    The judge didn't switch the police report - the report recounts what happened and remains a police document under police control. What the PROSECUTOR did was decide that the elements of the crime met the requirements for the higher level charge, and so the PROSECUTOR brought the higher level charge. The police arrest on X Y or Z charges, but that doesn't limit the prosecution to bringing ONLY those charges, at those levels.

    If he's a habitual offender, and he's on his third strike (he couldn't figure out after two strikes to NOT get into MORE trouble????), then yes, he's quite possibly looking at a 25+ year sentence (although realistically he probably wouldn't serve all of it behind bars, assuming he behaves himself and makes parole).

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