The trial judge will now be responsible for sentencing Mr. Majors. The defense lawyers may ask that the trial court overturn the jury’s verdict, but those sorts of motions are rarely granted. Instead, the defense lawyers will need to concern themselves for now with persuading the judge to impose a non-jail sentence. The court could sentence Mr. Majors for as much as one year in jail, which he would have to serve at the notorious prison on Rikers Island. However, the court could instead impose a sentence of up to three years’ probation (which would restrict his ability to travel, even for work), or other conditions like anger management or counseling. The defense attorneys will likely propose some sort of counseling program with community service and beg the court to not sentence him to probation so that he can travel to filming locations without interruption or complication. Obviously, this conviction may ruin his Hollywood career, as certain projects have already been put on hold or suspended as producers awaited the outcome of this trial.

If one had to predict, one would not expect the court to impose a jail sentence in a reckless assault case. First, Mr. Majors has no criminal history, which tends to militate strongly against jail sentences in relatively minor cases. Furthermore, the injuries sustained by Mr. Jabbari appeared to be relatively minor on the spectrum of assault cases; certainly, many assault trials involve much more serious injuries resulting in hospitalizations and/or permanent disabilities. Mr. Majors is a prominent person and the court might want to make an example of him, but he is also potentially able to do something positive for the community, as well. So, I would predict some sort of combination of anger management and community service, along with an order of protection in favor of Ms. Jabbari. The big question really is whether Mr. Majors will be sentenced to a period of probation, which would be a huge hindrance for his career.

The verdict is somewhat surprising here. There was some evidence that tended to suggest that Mr. Majors was a victim of Ms. Jabbari’s aggression. Indeed, he filed a report against Mr. Jabbari that did originally result in her arrest, as well. Moreover, an Uber driver who shuttled the two of them together about the time of the assault offered the opinion that Ms. Jabbari was initiating the conflict. It’s always difficult to second-guess strategic decisions made by attorneys in the trial, but Mr. Majors’ decision not to take the stand almost certainly cost him. Courts also instruct juries not to infer guilt from a defendant’s decision not to testify, but the jury had to perplexed by the fact that a charismatic stage and film actor would sit silently at the defense table and let his attorney make the case that he was a victim, without saying it himself.

Mr. Majors will be able to pursue an appeal if he so chooses, but appeals courts are loath to overturn verdicts based upon the facts. Typically, questions of guilt or innocence are entrusted to the jury, as are assessments of witness credibility. Those decisions usually remain undisturbed. If the defense can make the argument that the trial court made an improper legal ruling that had a material effect on the outcome, then they may have a chance on appeal. But there’s nothing in the record here that stands out as particularly controversial, in terms of legal decisions made by the court during the trial. So, it is more likely than not that this judgment will be affirmed on appeal.

The author of this article, Matthew Galluzzo, is a criminal defense attorney and former Manhattan prosecutor. As a prosecutor, he was a supervisor in the domestic violence bureau of the New York County District Attorney’s Office, the same office that prosecuted Jonathan Majors in this case. He was worked as an appellate prosecutor responding to criminal appeals, and later prosecuted murders and sex crimes cases. In 2023, in recognition of his service to the French government and his successful representation of dozens of French citizens, he was knighted by the nation of France and is now a Chevalier in the French Order of Merit.

According to a press release from the U.S. Attorney’s Office for the Eastern District of New York, the rapper and five other men trafficked in significant quantities of heroin, cocaine, and the especially-dangerous drug, fentanyl. The defendants (including Anthony Leonardi, Robert Leonardi, Brian Sullivan, Anthony Syntje, and Kavaughn Wiggins) have all been arrested and detained pending trial. Prosecutors claim to have recovered at least 16 kilograms of cocaine, 2 kilograms of heroin, and fentanyl, though it is certain that they will allege that the group is responsible for far more than that. Indeed, the press release describes the amount of drugs trafficked by the crew as “massive”.

Fetty Wap is unlikely to be released on bail pending trial, though it may be possible given his likely financial resources. However, in federal narcotics cases of this size and scale, the presumption for judges is that a defendant should be detained pending trial. Fetty Wap would have to convincingly demonstrate that he does not pose a risk to the public, and that he would not flee if released on bond. Given his resources (and possible ability to live abroad), the amount of prison time that he is potentially facing, the fact that his codefendants are indicted for using firearms, and the fact that he allegedly trafficked in fentanyl, which is notorious for causing fatal overdoses, it seems unlikely that he will be bailed out pending trial.

The maximum penalty for these charges (21 U.S.C. 841) is, in this case, life. The minimum statutory penalty is ten years in prison. In some cases, defendants facing ten year mandatory minimum sentences under 21 USC 841 are able to negotiate five year mandatory minimum sentences, or even plea agreements without mandatory minimums. However, given the amount of narcotics seized in this case, Fetty Wap is probably going to receive no better than a ten year mandatory minimum offer from the prosecutors, which he will either have to accept or try his luck with a jury.

The U.S. Sentencing Guidelines generally enable more precise estimates for how much time defendants are really facing, however. It is difficult to predict at this stage, though, as there are some unknown variables in Fetty Wap’s case. We do not know, for example, whether there are any overdoses potentially attributable to the defendants’ conduct. We also do not know whether Fetty Wap played a supervisory role in the conspiracy to traffic narcotics. Those factors can significantly increase the penalties for drug defendants. Pleading guilty, on the other hand, usually earns significant reductions in the sentencing range for defendants (as opposed to being convicted at trial).

Fetty Wap is of course presumed innocent. As of yet, we have no idea what evidence law enforcement has against him. But odds are that his outlook is very bleak. Federal indictments in cases like this tend to involve numerous controlled undercover purchases, wiretaps, surveillance, and confidential informants working with the government. Put another way, the evidence is typically overwhelming. It is thus no surprise that over 95% of federal criminal defendants plead guilty. So, Fetty Wap is unfortunately probably looking at a huge sentence that will end his music career and see him emerge from prison as an old man. It seems inexplicable that a talented artist with a lucrative career would risk everything to make illegal money in the drug trade. His lawyers will probably be seeking to get him the best plea bargain possible, and then beg a sentencing judge for leniency. That is oftentimes the best that defense attorneys can really do in these sorts of cases. But top notch advocacy for a client is truly invaluable and can make a huge difference in the outcome.

Matthew Galluzzo is a former Manhattan prosecutor who regularly represents criminal defendants charged with major narcotics crimes in federal and state courts throughout New York. He has helped many defendants escape prosecution, earn dismissals of criminal charges, and negotiate favorable plea bargain outcomes. If you or a loved one have been arrested and charged with a serious drug felony, you should contact Matthew Galluzzo to discuss your options.