Plain English Breakdown
The source states a previous conviction must be set forth in legal documents but does not explicitly assign this duty to prosecutors.
Stricter Sentencing for Repeat Strangulation Assault
This law requires courts to give longer prison sentences with mandatory jail time to people convicted of second-degree assault by strangulation if they have been previously convicted of the same crime.
What This Bill Does
- Requires a court to sentence repeat offenders in an enhanced range for second-degree assault by strangulation.
- Classifies this offense as a crime of violence when it involves a prior conviction.
- Mandates that defendants receive incarceration time if they have a previous conviction for the same act.
Who It Names or Affects
- Defendants convicted of second-degree assault by strangulation who have a prior conviction for the same crime.
- Courts that must apply these specific sentencing rules.
Terms To Know
- Enhanced range
- A sentence length that is longer than the standard punishment for a crime.
- Mandatory incarceration
- A requirement that the defendant must serve time in jail or prison with no option to avoid it.
Limits and Unknowns
- This law only applies if the defendant has been previously convicted of second-degree assault by strangulation.
- The specific length of time for the enhanced sentence is not detailed in this summary text.
- The effective date for when these rules begin is not listed in the provided information.