When Lucy McDaniel's attorney is questioning Weisman, the bookie the judge paid off, he points out that within the past year he was convicted of both assault in the second degree and assault in the third degree, if that is the case he should still be in prison. Assault in the third degree is a class A misdemeanor, it carries a sentence of either five years probation or a jail sentence of up to one year; considering Weisman has a prior felony record he would have been sentenced to jail time, very likely the full year. Assault in the second degree is a class D felony and carries a mandatory minimum sentence of two years in prison and a maximum of seven years. All told Weisman should have been in prison for a bare minimum of three years.