When E.A.D.A. McCoy offers the defendant a plea deal of manslaughter in the first degree with a sentencing recommendation of 8-1/3 to 15 years, his attorney counters saying his client will plead guilty to manslaughter in the second degree, if he gets no jail time.
However, as an experienced criminal attorney, he should know that manslaughter in the second degree is sentenced as a violent, class C felony, meaning it carries a mandatory prison sentence of at least 3-1/2 years and can carry a maximum sentence of up to 15 years. The law does not allow someone who is guilty of a violent, class C felony to serve no prison time.
However, as an experienced criminal attorney, he should know that manslaughter in the second degree is sentenced as a violent, class C felony, meaning it carries a mandatory prison sentence of at least 3-1/2 years and can carry a maximum sentence of up to 15 years. The law does not allow someone who is guilty of a violent, class C felony to serve no prison time.