Smollett, who is predicted to proceed to disclaim his position within the staged assault in January 2019, faces as much as three years in jail for every of the 5 felony counts of disorderly conduct – the cost filed for mendacity to police – of which he was convicted. He was acquitted on a sixth rely.
But as a result of Smollett doesn’t have an intensive prison historical past and the conviction is for a low-level nonviolent crime, consultants don’t anticipate that he can be despatched to jail. The actor could possibly be ordered to serve as much as a yr in county jail or, if Cook County Judge James Linn chooses, be positioned on probation and ordered to carry out some type of group service.
The sheer measurement and scope of the police investigation was a serious a part of the trial and is essential in a $130,000 pending lawsuit that the town filed towards Smollett to get better the price of police extra time, so the decide additionally may order the actor to pay a hefty wonderful and restitution.
Smollett’s lead legal professional has stated that he’ll ask the decide to dismiss the costs earlier than sentencing. But judges not often grant such motions. That means this could possibly be the ultimate chapter in a prison case, topic to attraction, that made worldwide headlines when Smollett, who’s Black and homosexual, reported to police that two males carrying ski masks beat him, and hurled racial and homophobic slurs at him on a darkish Chicago avenue and ran off.
WATCH: Legal skilled weighs in on Smollett sentencing
In December, Smollett was convicted in a trial that included the testimony of two brothers who advised jurors Smollett paid them to hold out the assault, gave them cash for the ski masks and cord, instructed them to vogue the rope right into a noose. Prosecutors stated he advised them what racist and homophobic slurs to shout, and to yell that Smollett was in “MAGA Country,” a reference to the marketing campaign slogan of Donald Trump’s presidential marketing campaign.
Smollett, who knew the lads from his work on the tv present “Empire” that filmed in Chicago, testified that he didn’t acknowledge them and didn’t know they had been the lads attacking him.
During the listening to, prosecutors and Smollett’s attorneys will get an opportunity to current witnesses and permit Smollett to make an announcement. He may repeat a few of the issues he advised jurors through the trial about how he was merely a sufferer of a violent crime.
Smollett may additionally inform the decide as he advised jurors about his in depth historical past of volunteering and donating to charitable causes. And he may say that the truth that the case left his profession in shambles is punishment sufficient for him keep away from custody.
Unlike the trial, Linn has agreed to let photographers and a tv digicam inside court docket for the listening to – that means the general public will for the primary time get to see and listen to Smollett converse in court docket.
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