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My boyfriend has been arrested for violating his 6 year probation. he has completed 4 years. He got pulled over for a DUI.
Anonymous2 views3 answers
He spend 2 yrs in jail for agg. assault and battery. And robbery with a deadly weapon. What do you think will be the time he will have to spend in jail?
Realistically, it depends on what county he's on probation in. HIs range on the violation of probation is going to be the bottom of his guidelines on the underying charges that he pled to up to the maximum prison time on those charges. For example, The aggravated assault carries a maximum of five years in state prison plus the armed robbery charge which is at least fifteen years in prison: so he would be looking at a range of lets say sixty months in prison at the bottom of the guidelines with a maximum exposure of twenty years total, minus the two years he has already served. Armed robbery might be a first degree felony, so, it might actually be thirty years on that charge, I don't have my statute book with me. So, although he can only get a max of six months in county jail on the DUI charge if its' his first DUI charge, he is looking at serious time on the violation of probation. Even if he beats the DUI, he can still be found in violation of his probation, so he needs to be very careful on the VOP.
The previous attorney's answer is partially correct. Armed robbery is a first degree felony punishable by up to 30 years in prison. If the weapon was a gun he could have received life. Get him a very very good DUI attorney.
Good luck,
Mark
By the way aggravated assault and battery are two different charges.