The Batavia woman convicted of assaulting an elderly Walmart work is being released from prison this week.

27 year old Jaquetta Simmons has posted 50-thousand dollars bond.

She was convicted of punching 70 year old Grace Suozzi in December of last year.

In late November, a judge issued a stay in Simmmons' five year prison sentence pending an appeal by her attorneys.

They claim that the sentence is too harsh for a first time offender. That sentence was issued under the new 'granny's law' in New York State.

That law makes it a felony to injure someone 65 or older if the defendant is at least 10 years younger than the victim.

The 27 year old Simmons is pregnant, and is expected to have her baby in the near future. With the stay on her sentence, she will be out of prison for at least the next six months.