Legal Question in Appeals and Writs in Ohio

My brother has recently been has recently been convicted of assault in Canton, OH and sentenced 6 years plus 5 years probation. In my experience that is a really extreme sentence comparable to one given for murder rape or something much worse. I personally was involved in an assault case a defendant and the other party only served a week. His judge was even trying to convict him of attempted murder because the boy he fought was on life support. The boy also reported that he had brass knuckles which they never found or could prove. He has also been to jail before for selling drugs at 18 and served a year or two. Is this sentence extreme and with an upcoming appeal what are the chances his sentence will be reduced? What can we do to better the chances? Please help!


Asked on 6/10/10, 7:42 pm

2 Answers from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This is not a question for LawGuru. Your brother needs a competent appellate criminal attorney to advise him. Also, there are different levels of assault--some are misdemeanors. Your brother committed a felony assault of some sort and the drug-traffiking conviction certainly did not help.

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Answered on 6/11/10, 11:02 am
Edward Hoffman Law Offices of Edward A. Hoffman

Not all assault cases are alike. Some justify much harsher penalties than others. Without more information about the assault and about the nature of the charges against your brother, there is no way to assess his sentence. The other assault case you describe probably will not be relevant to your brother's case, unless it was appealed and resulted in a published opinion concerning an issue that is also relevant to your brother's case.

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Answered on 6/11/10, 12:33 pm


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