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. As Attorney Eric T. Kirk will tell you.
- 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.