Q: My son got off probation 1 yr ago for assault now hes in jail for assault w deadly weapon will he get time
A: Assault with deadly weapon is a serious allegation. You son should contact an attorney for case evaluation immediately.
Depending on his criminal history prison is a strong possibility.
Kiele Linroth Pace agrees with this answer
A: If the prosecution can prove every element of the offense against your son, he is facing 2 to 20 years in the state penitentiary. Whether or not he gets time will depend on the quality of the state's evidence and the quality of the defense. You can't control the evidence but you can help by hiring the best defense team available in the county where the case is pending.
A: Your son's new case is a felony. Will he get time? If your son is found guilty as charged, the Court must sentence him to a term of imprisonment. (You seem to be assuming he will "lose" his case. He might win the case.) Even if he's convicted and sentenced to prison, he may still be eligible for community supervision instead of actual incarceration. Hiring a good attorney is the best way to minimize the risk your son will get a bad result and end up in prison. If you cannot afford to hire a lawyer, it's very important to ask the Court to appoint a lawyer to represent him as soon as possible. Don't wait until he's indicted or gets his notice of first court setting. Ask your county's District Clerk's Office how to go about requesting appointed counsel now.
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