I am facing trial on a domestic violence case will I do jail time? 13 Answers as of May 08, 2013

My girlfriend and I got into it (same sex) and we hit each other I left she called cops and now I’ve been going to court she did not press charges but they are trying to serve her to testify. What’s the worst case scenario that I’m looking at?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The worst scenario is trial and jail.
Answer Applies to: Georgia
Replied: 5/8/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
A conviction with jail and record for the rest of your life. You need a lawyer to help you fight this.
Answer Applies to: Nebraska
Replied: 4/25/2013
Bush Law Group
Bush Law Group | James Falk
If this is a first offense for Criminal Domestic Violence (CDV 1st), the worst case is 30 days in jail or $2,500 fine. Most likely result, if this is a first offense, is Pre-Trial Intervention (PTI) which would include some court-ordered anger-management counseling.
Answer Applies to: South Carolina
Replied: 4/25/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
The worst case scenario is jail time.
Answer Applies to: Michigan
Replied: 4/25/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
If convicted, you will lose your gun rights for life, be forced to attend a long and expensive 52-week DV course, have a criminal record. You should hire a lawyer before you get duped into a plea that you will regret for life.
Answer Applies to: California
Replied: 4/25/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    12 months in jail and a 1000 fine for each misdemeanor.
    Answer Applies to: Georgia
    Replied: 4/25/2013
    CAROLYN GASTON & ASSOCIATES, P.C. | Carolyn E Gaston
    The worse case scenario is, of course, that you will serve the maximum time and pay the maximum fine allowable for the specific offense and pay restitution for any damages. Most simple assaults are charged as misdemeanors carrying maximum penalties of 90 - 93 days and fines of up to $500.00. More serious threats/ injuries can result in higher charges such as aggravated assault through murder. If you have no prior record and there was no injury and the relationship is acknowledged, it is likely your charge is domestic violence. This is an assault between persons in a dating relationship. You could request treatment under a statute which allows first time offenders of domestic violence to potentially remain public record free. You would have to successfully complete your sentence which, again depending on the injury and attitude, is likely to consist largely of probation, counseling, no contact with victim, reporting, maintain employment or education, etc... You should obtain an attorney to assist you. You should also consider potential defenses and the likelihood of a victim appearing to testify. An attorney may be able to obtain a dismissal through procedural means.
    Answer Applies to: Michigan
    Replied: 4/25/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Hard to say without knowing the precise charges. The worst case scenario is felony assault and battery with two to five years in jail but I doubt that will happen. You need to retain criminal defense counsel to negotiate a reduction of the charges and hopefully avoid jail. You may have to agree to an anger management program and community service.
    Answer Applies to: New York
    Replied: 4/25/2013
    Henry Lebensbaum | Henry Lebensbaum
    What did your lawyer say?
    Answer Applies to: Massachusetts
    Replied: 4/25/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Well it is a misdemeanor which carries up to a year in jail and a $2500 fine. Depending on your record that probably won't happen.
    Answer Applies to: Virginia
    Replied: 4/25/2013
    William L. Welch, III Attorney | William L. Welch, III
    Ultimately, sentencing depends on whether you're found guilty, your record, how serious these are in the court's eyes, mitigation, and allocution.
    Answer Applies to: Maryland
    Replied: 4/25/2013
    Universal Law Group, Inc. | Francis John Cowhig
    Worst case scenario: Jail Time. I am assuming that you are being represented by an attorney and, if so, you should be discussing this with your attorney. If you are not represented by an attorney, get one immediately.
    Answer Applies to: California
    Replied: 4/25/2013
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    You probably are not looking at jail time unless you have any criminal record in the past. Would need to know more about your criminal history. But if you have no priors, then you are probably looking at probation, anger management classes etc. If your case is in the Tampa Bay area and you decide you want an attorney to represent you, please contact me at 813-681-8383 for a free consultation.
    Answer Applies to: Florida
    Replied: 4/25/2013
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