Assault & Battery Curious of what kind of sentence this person will recieve if convicted

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matt3534

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Recently my wifes nephew and the mother of his child signed full legal custody of their newborn over to us because DHS in Pennsylvania was going to put the baby into foster care due to a legal matter over a child she had prior to meeting my wifes nephew. I only get part of the story of what really happened but I did find the court docs of her case. I will describe what I think happened and show her charges. I do feel as if she will be convicted of these crimes because all hints indicate it.

She told me she was arguing with her boyfriend of the time and went out to smoke a cigarette to calm down. supposedly while she was outside she claims her 6 month old son was in his walker and fell down a flight of steps. She claims that later on her boyfriend of the time took responsibility and said he accidently dropped the baby. She did not take the baby to the emergency room until 3 days later. As a result of the injusry (which i feel she is not telling the truth of what really happened), Her frst baby has had to go through 2 major surgeries to his head. The DHS worker told my wife and I that the baby has had 2 major surgeries. Other than that DHS has not told us any of the details of that night or the trial. He recommended we do our own research and required that any visits between her and the second baby that we have be supervised visits only. I have found nothing in the court system search that indicates her ex boyfriend was charged with anything. I feel as if he is probably a witness to the prosecution against her. That is my opinion. She has perminantly lost all rights to the first child since then by orders of a judge and she still faces the following charges. Some of these charges if not all are very serious. I was hoping she would get her life back in order so my wife and I can someday allow her to have custody of her 2nd child but I honestly think she is going to be incarcerated for a while. What type of sentence might she be facing with the following charges?

1 18 § 2702 Aggravated Assault


2 18 § 4304 Endangering Welfare of Children -Parent/Guardian/Other Commits
Offense

3 18 § 2702 Criminal Conspiracy Engaging - Aggravated Assault

4 18 § 2701 Simple Assault

5 18 § 2705 Recklessly Endangering Another Person
 
What type of sentence might she be facing with the following charges?

1 18 § 2702 Aggravated Assault


2 18 § 4304 Endangering Welfare of Children -Parent/Guardian/Other Commits
Offense

3 18 § 2702 Criminal Conspiracy Engaging - Aggravated Assault

4 18 § 2701 Simple Assault

5 18 § 2705 Recklessly Endangering Another Person

These days, and if she has no prior convictions (or none within the last 10-20 years), she may just get probation with community service.

At the far end, maybe a six month jail sentence, with 5 years of probation and community service.
 
It seems like the court is really going extensive to give someone such a light sentence. A judge, jury multiple court hearings that keep getting continiunces. The defendant has already fired 2 lawyers from the case and the court transcripts indicate that the judge is getting annoyed with the case as he stated that no further continuinces would be granted. I thought I read on one site that the minimum sentence for aggravated assualt alone is 2 years?
 
It seems like the court is really going extensive to give someone such a light sentence. A judge, jury multiple court hearings that keep getting continiunces. The defendant has already fired 2 lawyers from the case and the court transcripts indicate that the judge is getting annoyed with the case as he stated that no further continuinces would be granted. I thought I read on one site that the minimum sentence for aggravated assualt alone is 2 years?



That applies if you get convicted.

This will eventually be bargained away and plead out!
 
I see you're point about bargaining out but once it is in the hands of a jury, isn't it the juries job to decide on lesser charges or not or can the prosecutor lessen the charges mid trial? Out of curiosity what is the worst case sentence she could face if convicted of all charges? I'm not an expert but from what I am getting from the courts sentencing guidelines, I have come up with a maximum sentence of about 16-17 years.

and off the record and not an issue to this case or so I don't think it will be, She is a very annoying 20 year old know-it-all and I am sure that is why she has fired 2 lawyers from this case already. She knows more than they do or so she thinks she does. She will also tell you she is a great mother but the fact that she was not allowed to take her child from the hospital when she was born should tell you a little about her character. She is currently frauding welfare b making claims on this baby when infact my wife and I are supporting and insuring this child 100% ourselves. She slipped and said this in front of me last weekend. An anonymous complaint is going to be made to the department of human services very soon. If she has this bad attitude in front the judge then I assure you the judge will probably not let her off with just a slap to the wrists. As far as I know other than this case she has only been to court for a civil matter where her landlord sued her and the ex for non payment of rent and to have them evicted. I don't remember being this irresponsible when I was 20 years old.
 
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