How much time is my Brother-In-Law Getting

Factual Questions
1

First of all, I know someone will say “Get thee to a lawyer.”
We are getting to a lawyer, I promise. I’m just posing these questions out of my curiousity.
I will speak only of what he is charged with, so as to not create any evidence for or against him on a public message board. What I’m saying below is what he’s charged with… not what I believe he did or did not do.
The defendant and his mother will be seeking out a lawyer first thing Monday.
The jurisdiction is that of the State of Ohio.
The defendant has a previous conviction of telephone harassment.
The defendant is charged with the following:

Fleeing from police under § 2921.331 Failure to comply with order or signal of police officer. I believe this one is a class 3 felony.

Reckless operation of a vehicle (before they pulled him over, apparently)

Possession of drug paraphanelia (sp?)

Possession of marijuana (apparently only a large enough amount to fall into the bottom bracket on the drug possession chart)

Felonious assault, which appears to be a Class 1 felony. (He is charged with trying to run over two cops. Smart boy doesn’t describe this one, assuming he’s guilty.) Apparently there’s only one count here.

So we have a class 3 felony, a class 1 felony, and three misdemeanors.

Really, what I’m looking for is someone who can tell me what the sentencing guidelines might reccomend for the class 3 and class 1 felonies for a gentleman with only one previous conviction.

I’m not too curious about the misdemeanor sentencing, given all the other sh**t that this guy allegedly got himself into.

I can’t quite figure that part out, although I found a chart of general sentencing guidelines at the URL:
http://www.clelaw.lib.oh.us/Public/Misc/FAQs/Sentencing.html

Please, no discussions of how evil what the defendant allegedly did is. That’s more of a GD thing, although I wouldn’t argue.
And yes, I know this is hot water the guy’s in, and he needs to find the best lawyer he can afford.

2

As an update, I just researched and found out that his previous conviction was most likely a “Misdemeanor 1” “Telephone harassment” charge.

3

I have nothing to add to anything the lawdopers might tell you other than my condolences and a prayer that your sister and BIL have no children.

4

Thanks, astro.
Actually though, it’s my wife’s brother… and no, no kids, at least not yet.

5

Here is a little of what you could expect from a different jurisdiction. This is from the hip as I obviously am not in Ohio, and have only a little blurb of facts. But…
Assume the failure to stop, the reckless driving and the assault on the officer(s) are probably the same fact situation (same event). Where I’m from they would most likely merge into a single, assault on the officer(s) charge. In view of that charge, the marijuana is squat.

Not knowing the facts surrounding the assault on the officer(s), makes guessing terribly inaccurate. This can be anything from the officer(s) believing he might be hit if he doesn’t move, to striking and denting his car (with the officer in it). Actual physical contact with an officer is a different matter entirely. Never touch an officer, very, very bad thing to do.
Keep in mind that the statistics show, for the last 10 years, an officer is the victim of a homicide in the United States on the average of once every other day. The officers know this, the prosecutors know this and the judges, well it isn’t lost on them either.
Officers Down Page

Considering the seriousness of that charge, the other matters are really not of concern. I hope for his sake, and your sisters, the assault is one of the with no real threat involved. (they sometimes write up everything they can justify, even if there is no real threat involved, knowing that it could be useful as a negotiation tool later on.)

Of course, he has to plead to the charges, or be convicted of the same, before you need to worry about the sentencing, but, assuming…

I have pasted some of the guide lines from your link regarding Ohio’s sentencing laws. As you have seen the Class 1 carries 2 to 10 years, and from the guidelines below, you can probably determine whether or not his case fits. (again, I have no Ohio experience, so I’m only doing this for you, not him, He neds to get his dumb @$$ to an attorney ASAP.)

Depending on the seriousness of the assault, and whether there are unknown enhancement for vehicular assaults on officers, here is what they say on your page.

*Judge Griffin’s Frequently Asked Questions about Ohio’s New Sentencing Guidelines

Prison is the presumed sentence for most burglaries, robberies, assaults whichcause serious injuries, and for certain other serious crimes. Local sanctions can be used instead of prison if the local sanctions will not demean the seriousness of the offender’s conduct

For the less serious offenders, the Common Pleas Court has assisted the Cleveland Municipal Court to establish a special drug court. In that way, substance abusers who are not a serious threat to others can more quickly receive drug treatment and punishment that is proportionate to their crime.

If the offender has not previously been sentenced to prison, thepresumed length of the sentence is the minimum prison sentence authorized for that crime All felony offenders who receive local supervision are required to give random urine samples.*

6

" Really, what I’m looking for is someone who can tell me what the sentencing guidelines might reccomend for the class 3 and class 1 felonies for a gentleman with only one previous conviction."

The DA could answer that one.

From that page you gave, it probably looks like you got 3 times one to five years PLUS one 3 to ten = 6 to 25 years.

7

Based on secondhand information, for the record, this was all one incident and one arrest. So your assumption was correct.

8

This is a final bump to see if any of the “weekly dopers” not present over this weekend may have light to shed on my OP. There will be no further bumping of this thread.