Q: My X-wife is on probation for Endangering the Welfare of a Child. She got a simple assault charge for punching my mom on her property. Being that she is on probation, will she get jail time? If so, how much? (Pittsburgh, PA)
A: Assuming she is convicted, she faces two possible sentences. One, is from the probation judge for violating his probation by committing a new crime. The second one would be for the new, simple assault crime. There are many factors that the judge on the new case must consider in fashioning a sentence for a defendant. There are the sentencing guidelines which consider her prior criminal history and offense gravity score, how bad was her criminality in the probation case (what type of harm did she cause to a child), how bad was her criminality in the new case, was she on her own property or on your mom’s, did mom provoke her, etc., how long was she on probation until this episode happened with your mom, did your mom have injuries? She could get some time in the county jail, or she could get probation. As to the probation judge, he considers many factors as well, but mostly how she complied with his probation. By punching someone on his probation, he will be disappointed. My advice is to ask her attorney.