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What kind of time can my friend face for these charges & situation? Also, he took nothing so how can they prove he did? plz help
Anonymous3 views2 answers
I have a friend who got arrested & his charges are complicity assault 1, complicity robbery 1, & complicity burglary 1. Pretty much was a drug deal gone bad and as soon as my friend went to the guys house, the guy grabbed him and there was a gun on the table & another guy with a gun there. The guy wouldn't let my friend go & my friend had no choice but to pull his gun out and shoot the gun in his leg so he would let go. The guy let go and he left and he turned himself in the next day. There was 2 other people with my friend, one left before the gun was shot and the other was the driver. My friends been locked up now for about 3 months. The guy he shot was a drug dealer that police say they had been looking for, for 2yrs & now has buy/possess drug charges. My friend has pretrial jan 24th
I first assume that your friend has been indicted by a Kentucky Grand Jury since he has been in jail for three months, and that they handed down the charges of: 1) Complicity Assault - First Degree; 2) Complicity Robbery - First Degree; and 3) Complicity Burglary - First Degree. I also must assume that the reason he is still in jail is that he can not make bail for these charges and that he has therefore been appointed a public defender. The pretrial is a meeting with his attorney an the Commonwealth's attorney in the Circuit Court to try to work out a plea bargain.
The charges also included the word Complicity. Complicity in Kentucky essentially means that your friend can be found guilty for an offense committed by another person. (See generally KRS Chapter 502) You stated that he went to a guys house with two other people. I presume they went for the same purpose - to buy illegal drugs. They would be considered co-conspirators and have probably been all charged with the same crimes.
Assault First Degree (KRS 508.010) occurs when a person intentionally causes serious physical injury to another person by means of a deadly weapon. Assault First is a Class B Felony. This occurred when your friend shot another person in the leg.
Robbery First Degree occurs when during the course of committing a theft, he is armed with a deadly weapon. (KRS 515.020) Robbery First is a Class B Felony.
Burglary First Degree includes the elements of being unlawfully in a building and armed with a deadly weapon, in this case the gun ( See KRS 511.020(1)(a)). Burglary First Degree is a Class B Felony.
A class B felony is punishable by ten to twenty years imprisonment (See KRS 532.020(1)(c).)
However, you must also look at whether your friend committed one or multiple crimes. This is important to determine if whether a Court would sentence him to serve concurrent or consecutive terms of imprisonment. If it is considered to be one crime, then he is looking at serving the charges concurrently, so the maximum would be 10 to 20 years based on the conviction. If your friend is charged with multiple crimes, then the court could sentence him to serve all of the time consecutively, in this case up to a maximum of 60 years. (See KRS 532.110)
Sounds like there may be viable defenses in the case. If you are concerned, you should contact your friends attorney. He or she would be in a better position to answer your questions.
