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The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
Harsher penalties, under a separate guideline, apply to aggravated assault (i.e. a felonious assault that involved (A) a dangerous weapon with intent to cause bodily injury (i.e., not merely to frighten) with that weapon; (B) serious bodily injury; or (C) an intent to commit another felony.) [4] [5] A threat of force will satisfy the statute. [6]
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
United States Sentencing Guidelines take a number of factors into consideration in determining the recommended penalty, including evidence of the person's intent to carry out the threat; disruption to the government function; and the possibility of inciting others to violence. [7]
An Army colonel who was formerly a top leader at Joint Base Lewis-McChord was sentenced Friday to five years in prison for beating his wife while armed with a gun and causing a standoff with ...
Jonathan Majors has been sentenced to one year of domestic violence counseling nearly four months after being found guilty of domestic assault charges. Majors must complete a 52-week, in-person ...
Laucius states that the terms "sexual violence or sexual harassment and assault are much more specific terms that convey the nature of the allegations." [ 5 ] Elaine Craig, an associate professor in the Schulich School of Law at Dalhousie University, states that "[s]exual misconduct is a lay term, sometimes used in institutional policies or by ...
He was in Rockingham Superior Court Friday to be sentenced on four counts of simple assault domestic violence and was asking for a sentence of 60 days in jail. “I wish I could give a ...