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  #1  
Old 02-13-2013, 08:23 PM
notgivingup1 notgivingup1 is offline
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Default Is this possible?Classified differently from what he thought at sentencing

Okay can someone please help me please?? My LO is serving a nineteen year sentence for a drug charge and assault charge. He is serving the time in a state facility in NY. The drug charge is from the Feds the assault is obviously a state charge. The Feds agreed to let him serve his sentence on state level as long as his name doesn't come up in any other cases in the next seven years (at the time of sentencing). He never met his attorney from the state. My LO understood it that because it was a non violent charge he'd be able to serve less time. Well he's been misinformed- because they ran the charges concurrently they classified it as violent!!! Where do we go from here???
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Old 02-13-2013, 09:33 PM
26thncaliswag 26thncaliswag is offline
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An assault can be classified as a violent offense. Even if violence was not perpetrated, the threat of violence depending on the circumstances that surrounded the offense, can equal a violent classification.
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Old 02-14-2013, 08:23 AM
fbopnomore fbopnomore is offline
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He should find out about the NY inmate grievance procedures and file one. It may be a long shot, but worth a try anyway.
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Old 02-14-2013, 09:36 AM
26thncaliswag 26thncaliswag is offline
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His assault is the state charge. If his offense falls under the guidelines of a violent offender statute, the holding facility has the ability to enforce that classification.
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Old 02-16-2013, 09:03 PM
notgivingup1 notgivingup1 is offline
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Thank you everyone.
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