QUESTION
What is the sentence for someone with sexual abuse and no previous records?
Asked on Nov 08th, 2011 on Criminal Law - Colorado
More details to this question:
What is the usual outcome with only going by hearsay? What is the sentence for someone with no previous criminal records?
19 ANSWERS
Jacob P. Sartz
I'd recommend you retain a lawyer to assist you with this matter. If you are ultimately charged, you may have the option of requesting a court-appointed attorney at the public's expense. Your are presumed innocent until proven guilty. The prosecutor must prove any allegations of criminal conduct beyond a reasonable doubt. Ultimately, possible sentences depend on what exactly you've been charged with. You'll be advised of your maximum possible penalties when you are arraigned. If the matter is a felony, sentencing guidelines pursuant to state law determine the range for the minimum, minimum possible and maximum, minimum possible sentence. If the charge is a misdemeanor, judges have a lot of discretion up to the maximum penalty under law. Most importantly, plea bargains or other agreements may ultimately control or limit how much a time a person would receive. The bottom line is that it depends on the circumstances. I'd recommend you retain a lawyer.
Answered on Nov 14th, 2011 at 9:14 AM
Samuel H. Harrison
That depends on the type of abuse, the age of the accuser/victim, and the court itself.
Answered on Nov 11th, 2011 at 9:34 AM
Michael J. Breczinski
This depends on the exact nature of the act and the victim and the type of charge. Some things carry probation and some carry mandatory prison even for someone with no other record.
Answered on Nov 10th, 2011 at 12:25 AM
Criminal Law Attorney serving Howell, MI
at
Law Offices of Jules N. Fiani
Update Your Profile
The consequence will be imprisonment.
Answered on Nov 09th, 2011 at 10:58 PM
Steven D. Dunnings
Depends on what degree of abuse i.e. 1st,2nd, 3rd, 4th etc.
Answered on Nov 09th, 2011 at 1:28 PM
Criminal Defense Attorney serving Monticello, MN
Partner at
Smith, Paulson, O'Donnell & Erickson, PLC
1 Award
The penalty for a sexual abuse claim will depend on what level of criminal sexual conduct the person is charged with. A person with no criminal history can expect to be sentenced to twelve years in prison if he or she is convicted of a first degree criminal sexual conduct. Sentences for lesser levels of criminal sexual conduct would be measured in months or even days. Hearsay relates to a type of evidence that a party might try to present to the Court and only effects the likelihood that the State can or cannot obtain a conviction for the selected charged level of criminal sexual conduct.
Answered on Nov 09th, 2011 at 12:26 PM
The sentence for a sex abuse case depends on all the facts and on the charges. If you are judged guilty of a violation of PC 289; the sentence would be punished by imprisonment in the state prison for three, six, or eight years. To know how much trouble you are in consult an attorney. If you are charged with a sex abuse the penalties are so life changing that you do not want to face this without an attorney. Most attorneys will give you a free consultation.
Answered on Nov 09th, 2011 at 12:24 PM
Family Attorney serving Traverse City, MI
at
Craig W. Elhart, PC
Update Your Profile
Sentencing in Michigan is governed by the Sentencing Guidelines. There are many factors taken into consideration and an accurate prediction of outcome cannot be made with the information given.
Answered on Nov 09th, 2011 at 8:52 AM
Criminal Defense Attorney serving Pittsburgh, PA
at
Law Office of Jeffrey L. Pollock
Update Your Profile
It depends upon whether the charge was a Felony IDSI or some less serious Misdemeanor. It depends upon the credibility of the Hearsay and its "testifier." Hire a lawyer a.s.a.p. to research the Guidelines.
Answered on Nov 09th, 2011 at 8:49 AM
Criminal Defense Attorney serving Santa Ana, CA
at
Law Offices of Paula Drake
Update Your Profile
You should contact an attorney; these are serious charges. The outcome will depend on the specific charges and the type of evidence against you. Without more details about the exact charges and the specific evidence, it is difficult to talk about the sentencing possibilities. Get a consultation and present the attorney with all of the details.
Answered on Nov 09th, 2011 at 8:28 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
A reduced charge to maybe Harassment Second. You want to avoid being required to register as a sex offender.
Answered on Nov 08th, 2011 at 11:59 PM
Criminal Defense Attorney serving Lake Charles, LA
at
Michael R. Garber
Update Your Profile
Depends on exactly what you're charged with. If the only evidence against you is hearsay (the victim's testimony is not hearsay) there is no legal evidence to convict you with.
Answered on Nov 08th, 2011 at 10:40 PM
Assault Attorney serving Richardson, TX
2 Awards
There is no standard answer. Probation is the most common.
Answered on Nov 08th, 2011 at 10:34 PM
3 Awards
Sex assault is one of the most serious crimes in Colorado, regardless of record it can be a lifetime of prison and if probation or parole is granted, a lifetime of supervision. Most of these cases do not have physical evidence and only proceed on witness statements - convictions are often made with this scant evidence clearly, many innocents are in prison based on fear rather than evidence.
Answered on Nov 08th, 2011 at 10:09 PM
Your question is way too general. Sexual abuse could be a simple misdemeanor or a serious felony. You could get a few days in county jail up to years in state prison.
Answered on Nov 08th, 2011 at 10:08 PM
3 Awards
Anything from no-billed to probation, to the max in prison. Depends on a variety of things: judge, county, DA, victim, crime, length of crime, what the victim wants, character of defendant, etc.
Answered on Nov 08th, 2011 at 5:49 PM
Drug Crimes Attorney serving Philadelphia, PA
at
Laguzzi Law, P.C.
Update Your Profile
Sexual assault actually has many different charges that a person can face including some that carry mandatory/minimum sentences which have no bearing on a client's prior record, or lack thereof. Having said that, the law in the Commonwealth of PA is that a person's testimony alone, if believed beyond a reasonable doubt, is enough for a conviction. Therefore, it makes the defense of these cases difficult. Hire an experienced criminal defense attorney with practice in this sensitive field for the best result.
Answered on Nov 08th, 2011 at 5:48 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
In order to even give a guess as to the possible sentencing range, I'd need to know the specific charge(s) the person faced. there is no charge of "sexual abuse" - there are specific code sections for various crimes. They can range from a misdemeanor with a maximum of 6 months in jail up to felonies that carry life in prison. Even knowing the charges, what a person *could* get is different than what they will get. That will depend on the facts of the case, the person's record and what their attorney can do for them through legal or factual defenses or other mitigation.
Answered on Nov 08th, 2011 at 5:45 PM
It depends upon the nature of the sexual abuse and the nature of the conviction. In such cases a conviction cannot occur by hearsay alone the alleged victim must testify.
Answered on Nov 08th, 2011 at 5:45 PM