sentencing-1st time offender, agg. assault sbi

[jimbird22]

What is the name of your state (only U.S. law)? New Jersey

My brother was recently arrested and charged with aggravated assault sbi.
The incident took place outside a bar. My 22 y.o. brother was intoxicated (his BAC was measured to be .22 several hours after being arrested) at the time. Allegedly, he punched some man in the face which knocked him out. He repeatedly punched him in the face when he was unconscious on the pavement leaving a pool of blood. Several witnesses were able to point my brother out to police. The victim was taken to the nearby hospital and received staples in his head. My brother's record was clean up until this. He will probably take a plea bargain. What do you think his sentence will be?

[FlyingRon]

Your brother is in serious trouble. This is a second degree offense (major felony) in New Jersey. 5-10 years is the sentencing range. Your brother needs a lawyer before he agrees to anything.

[jimbird22]

He's hoping to have it downgraded to a simple assault charge. Is this likely?

[FlyingRon]

Crystal ball is hazy. The fact that he continued to beat the crap out of an unconscious man doesn't bode well in his favor.

[ERAUPIKE]

Originally Posted by jimbird22

He's hoping to have it downgraded to a simple assault charge. Is this likely?

He can hope in one hand**************...... I think you know the rest. He seriously injured and scarred another person, his chances of a plea deal that does not involve any jail time is very minuscule. It would be wise for him to get his affairs in order.