LOCKPORT – Michael A. Murphy Jr. 31, of 17th Street, Niagara Falls, was sentenced to a year in jail Thursday for dislocating his wife’s arm April 28.
However, Niagara County Judge Sara Sheldon Farkas said Murphy might have served all or most of the time he would have to, because of the jail policy that generally requires offenders to serve only two-thirds of a County Jail sentence.
Murphy, who pleaded guilty to third-degree assault in the incident with his wife of four months, received a misdemeanor plea offer because his wife stopped cooperating the with the prosecution, Assistant District Attorney Lisa M. Baehre said. Recorded phone calls from jail indicated the couple might be reconciling, Baehre said, but Farkas issued a restraining order against further contact.
Murphy is a Level 2 sex offender because of a 2004 conviction for attempted first-degree rape against a 12-year-old girl. He served 3 1/2 years in prison for that.
However, Niagara County Judge Sara Sheldon Farkas said Murphy might have served all or most of the time he would have to, because of the jail policy that generally requires offenders to serve only two-thirds of a County Jail sentence.
Murphy, who pleaded guilty to third-degree assault in the incident with his wife of four months, received a misdemeanor plea offer because his wife stopped cooperating the with the prosecution, Assistant District Attorney Lisa M. Baehre said. Recorded phone calls from jail indicated the couple might be reconciling, Baehre said, but Farkas issued a restraining order against further contact.
Murphy is a Level 2 sex offender because of a 2004 conviction for attempted first-degree rape against a 12-year-old girl. He served 3 1/2 years in prison for that.