How much time in jail for domestic violence? 8 Answers as of November 30, 2011

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!

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.

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.

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.

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.

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.

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.

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.