Legal Question in Criminal Law in South Dakota

Appealing and habias corpus questions

My husband was found guilty of Aggrivated assult to police officer with a deadly weapon in South Dakota. His lawyer did not fight for him and did not bring into his defense his bipolar illness until sentencing. I think his rights have been violated and his sentence was way to severe since no one was hurt and there was not even bullits in the gun!


Asked on 4/18/07, 4:45 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Appealing and habias corpus questions

Be grateful your husband was not living in New York, where assault with an unloaded wallet can bring on a hail of police bullets.

Be grateful too that there is at least one cop in South Dakota who will hesitate to unload his pistol into a man waving a gun in his general direction. The fact that no one got hurt is a tribute to the cop, not your husband.

A sentence can be appealed. Find a lawyer in South Dakota who you think will fight for your husband, and appeal the sentence.

Good luck.

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Answered on 4/22/07, 11:03 pm


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