Legal Question in Criminal Law in Virginia

Can having damaged ones own personal property in a moment of anger or frustration be considered a past incident of violence as it applies to the united states sentencing guidelines for violation of federal statute 18 USC 875?


Asked on 3/03/11, 5:37 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Assuming that the incident you've described resulted in no conviction, I would think not as Chapter 4 of the United States Sentencing Guidelines pertaining to the treatment of a defendant's criminal history in fashioning a sentence for a particular federal offense, makes clear that only prior convictions can be used for the purpose of assessing points to determine a defendant's criminal history as a factor to be used in determining his sentence.

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Answered on 3/06/11, 7:49 am


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