Q: do you automatically get jail time if you’re a first timer with two felonies? assault 1st degree. burglary 1st degree.
A: If you are in fact convicted of Burglary 1st degree the minimum sentence is 15 years. That being said depending on the facts your attorney may be able to get a plea to a lesser charge that does not carry minimum jail time.
A:
If you were convicted of Burglary 1st Degree the minimum mandatory sentence is 15 years in prison. The assault charge has no minimum so probation would be possible if convicted on that charge. However just because you are charged doesn't mean you will be convicted, and there is often times a plea offer made for a plea to a lower charge that wouldn't have mandatory minimum prison sentences such as a Burglary 2nd or Burglary 3rd. Depending on the facts and circumstances it is possible a diversion program might be an option, but that decision would be left to the Solicitor through negotiations with your attorney.
I would recommend you consult with an experience criminal defense attorney as soon as you can, you don't want to wait until the last minute on a charge this serious.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
