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Is the Sentence Higher if an Assault is Committed by a Prisoner or Inmate?

For the person on the street guilty of assault, the maximum penalties range from 10 years for second degree to 25 years for first-degree assault. The playing field changes if the perpetrator is already a prisoner.

  • A prisoner is not eligible to have any of their sentence suspended.
  • Any sentence for an assault committed by a person while a prisoner must be consecutive the sentence that person is currently serving.

A consecutive sentence is one that is in effect 'tacked on' to the end of an existing sentence. People tend to view a concurrent sentence- where a judge has discretion to order that someone served time for different offenses at the same time to be an act of leniency. A concurrent sentence would be correctly viewed as the opposite. 

    -This Article was updated by Eric Kirk on 2/19/20. 

I offer a free planning and strategy session to anyone accused of a crime. At this meeting, we will evaluate the evidence, examine the strength of the State’s case, and analyze the most effective defense. If the State has chosen to prosecute you, contact me today. 410 591 2935. 

Eric T Kirk

After graduating with honors from Albany Law School in New York, Eric Kirk has spent most of his 25 year legal career battling insurance companies to secure fair and just compensation for his clients in Maryland, New York, and Florida.