Legal Question in Criminal Law in Ohio

Maximum Sentence with no prior record?

Recently my fiance was sentenced to 18 month's in prison for aggravated assault. To make a long story short he was found guilty by the jury. During sentencing, the judge gave him the max sentence of 18 month's. No prior record, no convictions, no misdameanors other than a speed ticket. he was not allowed to use Self Defense because my fiance got in his vehicle & followed the man that was harrassing & provoking us for month's (Which also was not allowed to be used)the police were not called until the fight was over, which left a broken cheek bone to the victim. 5 days after the fight he committed suicide-by hanging. I do not understand how my fiance can be sentenced to the max term, and how the judge can punish him by using the suicide as triggered by this assault?


Asked on 3/28/06, 1:11 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

Re: Maximum Sentence with no prior record?

The judge does have to follow sentencing guidelines. If he or she did not then he has the right to appeal the sentence. Without more inforamtion it would be difficult to say what the best approach would be. I agree that it appears the punishment reflects consideration of the suicide which he had nothing to do with.

I would strongly recommend that he talk to his attorney. If not confident with the attorney who handled the trial, find a new one-soon!

Good Luck

DHD

Read more
Answered on 3/29/06, 9:12 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio