Weapons under disability; 3rd degree felony
Question Details:
My friend was arrested for having weapons while under disability, a 3rd degree felony. He has a previous conviction of selling drugs from 20 years ago. He was also charged with felonious assault, but was able to have that record expunged. He was recently investigated for sexually abusing a child, but that case has closed because the child recanted, how much of this can a judge see? Also, I know that the recommended sentence for a 3rd degree felony in the state of Ohio is 1-5 years, but what do judges usually rule in this case?
Criminal Defense Law Answers
The expunged charge might show up in the presentence report, but I doubt it; if it's there, the judge isn't going to give that much weight, if any, especially if that, too, was from 20 years ago. If he was never actually charged in the recent matter with the child, I'd be very surprised if the closed investigation was part of the record (and if I were his attorney and found out that it was included, I'd object).
There really isn't any such thing as a "usual" ruling, when it comes to criminal sentencing. The judge will have to follow the official sentencing guidelines, which give him some leeway. The guidelines are very complex, and sometimes working through what they indicate in a given case is very challenging.
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