How much time in jail for domestic violence? 11 Answers as of July 03, 2013

I am facing a DV charge when I was attacked first, not to mention that she has been in jail once for doing this to me. There was a warrant for her arrest which was not followed from previous abuse. This is the first time I have been arrested and charged with anything. How much time in jail am I looking at? I am very clueless to all.

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Law Offices of James A Bates
Law Offices of James A Bates | James A Bates
DV can be either a felony or a misdemeanor depending on the injuries. If she has been convicted of violence against you, you have a good chance of winning. Get an attorney and fight this, and also get out of that relationship!
Answer Applies to: California
Replied: 11/30/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Well there can be a range of jail time depending upon what charges if any are filed against you.
Answer Applies to: California
Replied: 7/3/2013
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
In general, whether or not jail is a possibility depends on a large number of factors including, but not limited to, whether you are charged with felony or misdemeanor domestic violence, the nature and extent of injuries, if any, prior criminal history, etc. If you do not already have one, I would suggest you hire an experienced criminal defense attorney to represent you as this is best way to ensure that you get the best possible result for your case.
Answer Applies to: California
Replied: 11/30/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Probably little or no jail but you'll have to do a 52-week DV class which is hell. Contact an attorney to fight your case. Realize that DV often involves a lot of he said she said and prosecutors hate taking DV cases to trial.
Answer Applies to: California
Replied: 11/30/2011
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
None if you fight and win.
Answer Applies to: California
Replied: 7/3/2013
    Law Office of James S. Lochead
    Law Office of James S. Lochead | James S. Lochead
    Assuming this is your first offense, you will likely get a 52 week domestic violence program and "time served" in jail, meaning no additional jail time to what has been served at the time of the disposition.
    Answer Applies to: California
    Replied: 11/30/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    It is difficult to answer this question because there are a couple variables. If you were convicted of misdemeanor domestic violence then you could be sentenced to up to a maximum of one year in county jail and ordered to complete a 52 week batterers treatment program. If you were convicted of felony domestic violence then you could be sentenced to anywhere from a year in county jail and probation all the way up to four years in state prison. (This assumes that there was no 'great bodily injury' enhancement.) You would also have to do the 52 week batterers treatment program.
    Answer Applies to: California
    Replied: 11/29/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    That's like saying "If two football teams played each other, what would the score be?". Your question is impossible to answer without knowing a lot more details. Misdemeanor or felony? Any injuries? Children present? Weapons used? Property damaged? Which county? etc.
    Answer Applies to: California
    Replied: 7/3/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    It depends on whether you are being charged with a felony or a misdemeanor. If a felony and you have not been charged with this before, the maximum penalty is 4 years. As a misdemeanor, 1 year. In most cases where there are not aggravating factors or significant injuries, probation is granted by the judge. However, there is a batterer's treatment component of probation that is a year-long program that must be completed, among other things. Of course, if you have a defense (namely, that she was the aggressor and you were acting in self-defense), you have the option of going to trial. Her prior violent acts as to you may be relevant and admissible in your trial. But you should get the advice of a good criminal defense attorney to help you with these things.
    Answer Applies to: California
    Replied: 11/29/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Even as a male, you have the same rights of self-defense as anyone, especially in light of the fact that she's on probation for similar conduct. If you're not guilty, don't focus on jail or consequences, because if you're convicted, you're looking at a year-long counseling program in addition to potential jail, probation, etc. Look for a good, local criminal defense attorney that routinely practices in the court where your case will be heard.
    Answer Applies to: California
    Replied: 11/29/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    How much time you spend in jail for a domestic violence conviction depends on the facts of your case. If you were taken into custody at the time of the incident then you have to be arraigned within three court days. At your arraignment you will have a chance to plead guilty or not guilty. If you plead not guilty then you will be released O.R. and or have bail set. Some judges set the bail so high that you may not be able to pay it. If so you will stay in jail until the trial date. When judges do this they tell you that if you plead guilty at the arraignment then you will be released that day. If you plead not guilty and you make bail or have an O.R. release you are out of jail until your trial. If you are found guilty and you have a clean record the normal sentence is thirty days, three years probation, and domestic violence classes. The thirty days may or not be given to you. If you go to trial and can prove the facts as you stated you will not be found guilty and you will not go to jail. You do need an attorney.
    Answer Applies to: California
    Replied: 11/29/2011
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