The minimum sentence is probably probation, although I received 6 months house arrest.
Probation is a sentence for being found (or pleading) guilty. The length of the sentence is up to the judge.
Not enough information is known on which to base a guesstimate. 'Assault with a pot' is an assault while armed with a weapon (i.e.: the pot) - it is a felony offense. Whatever you were on probation for - the sentence for this new case will be added onto it.
Simple assault or battery involves intentionally causing harm or offense to someone without a weapon, while aggravated assault or battery involves causing more serious harm with a deadly weapon or under more severe circumstances, such as with intent to kill or in a domestic violence situation. Aggravated assault or battery typically carries harsher penalties than simple assault or battery.
These variables will certainly affect your sentencing. How they affect it is a matter of state statute. For instance, in the state of Michigan and several others, you woulld be termed an "Habitual Offender" and any statutory sentence you received would be automatically doubled. If the aggravated assault is the matter for which you are being violated, chances are you are heading back to prison as a PV New Bit (Parole Violation with a new criminal charge/conviction). If this is the case, it is possible you would be required to finish the first sentence (serve the remained of the first sentence) and then potentially serve the sentence for any conviction you received while on parole.
Breach of the peace carries a sentence of up to 6 months imprisonment and/or a fine, while assault carries varied sentences depending on the severity, ranging from fines to several years of imprisonment.
It depends on the circumstances involved.. What kind of assault? assault with a deadly weapon ?, unprovoked attack ? Malicious act or to disfigure or if you caused a disfigurment, etc.. The laws of all states, while similar, address the offense differently.
Simple Assault - willfully causing bodily injury to another (includes pain) or negligently causing bodily injury by means of a weaponAggravated Assault - willfully causes serious bodily injury (broken bones, serious permanent disfigurement, substantial risk of death, unconciousness, loss of oxygen or blood flow to brain, loss of use or impairment to body part or organ)or knowingly causes bodily injury or substantial bodily injury by use of a weaponor causes bodily injury or substantial bodily injury while attempting to inflict serious bodily injuryor fires a firearm or hurls a destructive device at anotherIn most states, Simple Assault is a misdemeanor, and Aggravated Assault is a felony.
Not enough is known to answer with specifics. 'Aggravated' means serious in nature and, 'with a firearm,' indicates while armed with a gun. In any state I'm aware of that means, at the very least, a felony offense, which probably carries state prison time.
Committing an assault while already on probation for assault sounds like it could result in having your probation revoked and spending the remainder of your sentence behind bars -IN ADDITION TO - being charged with the new assault.
Aggravated Driving While Intoxicated for having a BAC greater than 18 is a misdemeanor. Aggravated Driving While Intoxicated for having a child in the car is a felony.
It will depend on your priors. On a two year TDC Agg. Assault sentence alone EVERYONE should make their first parole, which will come after serving 14 months. Can't catch any cases while inside either, of course. It will set off your parole hearing for 6 more months and you will end up serving full term.
In Illinois, this would probably be 3-4 separate charges # Aggrivated Assault # Possession of unregistered firearm # Use of firearm in violent crime # Possible "firearm while intoxicated" or "firearm used by felon" Each could be between 1 and 5 years at the State Hotel, depending on status of victim and prior history, it could be from 6 months (suspended/time served) to many years.