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Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

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. 

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