Start with the actual conviction
Aggravated assault is a term many states use, each with its own sentencing structure, and some of those states use guidelines that score the offense and the prior record. New York does not use the term in its assault law; it grades assault by degree, and the more serious degrees are classified as violent felonies with their own sentencing rules, including supervision after any prison term. The degree of the actual conviction, which may differ from the arrest charge, sets the frame. Prior convictions can change it further. A single range read online, without the degree, the state, and the record, is unlikely to describe your case.
The interview and the sentencing file
Before a felony sentence in New York, the probation department typically interviews the person and prepares a pre-sentence report covering background, the offense, and a recommendation. The interview should be prepared with your lawyer, because statements about the incident can appear in the report and remain in your file. The defense can submit a written memorandum and supporting material, and the injured person may give a statement to the court. Restitution for medical costs or other losses can be part of the sentence, and a final order of protection is often issued at sentencing that can remain in effect long after any jail or probation term ends.
Preparing before the date
Families can help by collecting records of employment, schooling, medical or mental health care, and any treatment or anger management program completed since the arrest. If the person has caregiving responsibilities or a medical condition, documentation makes those concrete. We review the pre-sentence report when it is available and raise any errors before sentencing, because inaccuracies can follow a person into custody classification and later supervision. We also go over immigration consequences, firearm restrictions, and the effect a conviction would have on sentencing if there is ever another case. Our aim is to make sure the court sees an accurate and complete account.
