Speak Up! - View Question #23893

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Question:

My boyfriend was out with friends last night and they decided to set off homemade chlorine bombs. They are all over 18 and were arrested and charged with a class 4 felony. They spent the night in jail. It is the first offense for all of them and they don't drink or do drugs and are relatively good students. What could happen to them?



Answer: This response assumes that your boyfriend does not have any prior felony convictions. If he is convicted of a Class 4 felony, the judge can either place him on probation for a period of time up to four years and sentence him to incarceration in the County jail for up to 12 months, or he could sentence him to prison. The range of prison time is a minimum of 1 year, and a maximum of 3.75 years. The presumptive term in prison for a Class 4 felony is 2.5 years, which means that any person convicted of a Class 4 felony is presumed to get this sentence, however, the judge could reduce it to 1 year or raise it to 3.75 years if there are any mitigating or aggravating circumstances.

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