What would I get if I were arrested for hitting my husband as a first time offense? 28 Answers as of September 18, 2012

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Steven Alpers | Steven Alpers
You need a lawyer. If there is no injury up to a year in jail, If there was major injury, broken bones or stitches, it is possible you could be sent to prison.
Answer Applies to: California
Replied: 9/18/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Hopefully you would get a prgram that if you took anger managementt classes the charges would go away. It depends on what you hit him with.
Answer Applies to: Michigan
Replied: 9/18/2012
Reza Athari & Associates, PLLC | Seth L. Reszko
If you are charged with domestic violence and this is your first offense, in my experience you would be looking at paying a fine, attending and completing a DV class, stay out of trouble during the pendancy of your case and Stay away from the victim. This does not mean this will be the result in your case and you should discuss your case with an attorney to decide and discuss defenses and strategy.
Answer Applies to: Nevada
Replied: 9/18/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
If he and the police and ADA agree, with a good lawyer, only Anger Management classes at most.
Answer Applies to: Pennsylvania
Replied: 9/18/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should retain a good criminal layer and try to get a dismissal so that you do not have a criminal record. Domestic Violence cases are taken very seriously and usually require a misdemeanor plea, counseling for 12 weeks, probation, and an Order of Protection. You may even get a criminal record and have to deal with all the problems associated with that. It will help to get anger management classes or counseling as it will teach you how to communicate with others in a polite and civil way.
Answer Applies to: New York
Replied: 9/18/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    A sentence depends on a lot of things like the exact charge(s), how cooperative the complainant(s) are, any injuries or property damage, the criminal history (including all arrests even if no convictions), behavior towards the arresting officer(s) and other factors.
    Answer Applies to: New York
    Replied: 9/18/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    12 months on probation, anger management, fine and 40 hours of community service. Of course, you may also have a convictions.
    Answer Applies to: Georgia
    Replied: 9/18/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If the injuries to your husband are not severe, you will get a probationary type of sentence, with domestic violence counselling ordered, as well as possible alcohol evaluation plus follow-up counselling as determined by the evaluator.
    Answer Applies to: Illinois
    Replied: 9/18/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Most likely you would get probation.
    Answer Applies to: Kansas
    Replied: 9/18/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Likely probation, but it will be on your record forever. Get a lawyer.
    Answer Applies to: Nebraska
    Replied: 9/17/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It depends on what you hit him with an ax or a pillow.
    Answer Applies to: New Jersey
    Replied: 9/17/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You'll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much time could potentially be imposed. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. If you are charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/17/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Unknown. Need more facts. Self defense issues? What was he hit with? A lot of difference between a hand slap and a baseball bat.
    Answer Applies to: California
    Replied: 9/17/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Probably probation and a Batterers program.
    Answer Applies to: Massachusetts
    Replied: 9/17/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You would likely be charged with domestic violence either harassment or assault. The seriousness of the charge might well depend on what you hit him with and how hard.
    Answer Applies to: Alabama
    Replied: 9/17/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Depends on how badly you hurt him. Also depends on whether your conduct can be excused.
    Answer Applies to: California
    Replied: 9/17/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    This is the crime of "domestic violence". Domestic violence is a gross misdemeanor punishable by a maximum of 1 year in jail and a $5,000.00 fine. A judge could give you a suspended sentence with no jail time, or he could impose the maximum sentence, depending upon the facts of the case and if you have a criminal record. The judge could also require you to go to treatment (batters counseling). If alcohol was involved, you could be required to go to treatment for that as well. The judge could also impose a no contact order preventing you from having contact with your husband. My advice: get an attorney.
    Answer Applies to: Washington
    Replied: 9/17/2012
    Langford Law Firm
    Langford Law Firm | Theresa Langford
    The range is from Class C assault (fine only) to an aggravated assault family violence (felony prison time) to deferred adjudication to probation to a dismissal. There numerous factors which you have not shared that will affect the outcome. You also should NOT share the details with anyone, especially a public website, except your retained attorney in a confidential setting.
    Answer Applies to: Texas
    Replied: 9/17/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You could face up to a year in jail, but would probably get probation for six months and be required to attend a program, as well as pay fines and costs.
    Answer Applies to: Florida
    Replied: 9/17/2012
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Depending on which jurisdiction you are in, that charge charge could be brought as an "assault 3rd degree", "battery", or "domestic assault".
    Answer Applies to: Missouri
    Replied: 9/17/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    With the right attorney, you could look to get a special plea for DV cases which can result in a dismissal after a probationary period.
    Answer Applies to: Michigan
    Replied: 9/17/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, it really depends on the court, extent of assault and other factors. You should retain an experienced NH criminal defense attorney to represent you in this case.
    Answer Applies to: New Hampshire
    Replied: 9/17/2012
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