Will I go to jail if I was charged with Misdemeanor Class A? 13 Answers as of April 15, 2013

I was under arrested on April 2th because I flight with my fiance. I heard that the policemen charged me Misdemeanor Class A. The first thing I did is I throw a glass to sink. Second, I picked up a knife to hurt myself, but my fiance was coming to hold me and take the knife away . Then, I bite him. On the court, the prosecutors told me I being charged two thing: one is I broke my fiance's property which is a glass; the second is I bite him which he holed me too tight to breath. Is that possible I need go to jail and have criminal record?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The likely outcome of this incident will be the destruction of property charge will be dropped and you will be convicted of the battery charge arising from the biting. If this is your first office, you will be given summary probation and have to take domestic violence classes.
Answer Applies to: California
Replied: 4/15/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Yes to both questions. It can be enough to put you in jail. However, it sounds like you have a good self-defense argument that you can use in your defense. You will need to have a good criminal defense lawyer to represent you so that you won't have to go to jail. You should NOT go to jail if you have a good lawyer.
Answer Applies to: Massachusetts
Replied: 4/15/2013
Gates' Law, PLLC | Thomas E. Gates
It is unlikely you will go to jail, however, you will have a criminal record if found guilty. Based upon your question, you need to try and get a plea deal.
Answer Applies to: Washington
Replied: 4/15/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
I cannot advise you whether or not you will go to jail because all cases are different. Sometimes, cases can be resolved without going to trial and the prosecutor will agree to settle the case without any jail time if you plead guilty or no contest and comply with various requirements. If you fight your case and go to trial, anything is possible if you lose. The government will have to prove all of the elements of the crime from which you are charged and you also have an opportunity to call your own witnesses or testify on your behalf or decide not to testify.
Answer Applies to: Nevada
Replied: 4/15/2013
Midway Law
Midway Law | Joseph I. Silverzweig
It sounds like a lot of complicated things happened to you that night, and you should get a good attorney who can help you to understand your options and your odds of success. I think based on what you have said that you have a reasonably good chance of not having to go to jail, and maybe even of having your class A charges dismissed based on self defense. The other charge you have will be harder to beat, but you might be able to plead it down, depending on your circumstances. If you can afford it, you should hire an attorney to represent you right away.
Answer Applies to: Utah
Replied: 4/15/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is possible you will be convicted of the offenses. I somewhat doubt you will end up in jail, if this is your first offense. However, the cases against you are serious enough that you should have the assistance of counsel.
    Answer Applies to: Illinois
    Replied: 4/15/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    The police and prosecutors take domestic violence very seriously. It is often difficult to get these cases dismissed. Nonetheless, although as a technical matter you could go to jail for up to one year, that outcome is unlikely if this is your first offense. You need to retain criminal defense counsel to negotiate a plea bargain with the prosecution. If this is your first offense, you might be able to get the charges reduced to a violation (which would mean that you have no criminal record). It is critical in a situation like this for you to retain criminal defense counsel.
    Answer Applies to: New York
    Replied: 4/15/2013
    William L. Welch, III Attorney | William L. Welch, III
    It's anybody's guess at this point. Ultimately, sentencing depends on whether you are found guilty, your prior record, how serious these are in the court's eyes, mitigation, and allocution. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland
    Replied: 4/15/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Get an attorney and get into counseling for anger management and maybe they can work out something where you end up with no criminal record.
    Answer Applies to: Michigan
    Replied: 4/15/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You need to go to jail, YES. First, you need time-out to learn how to write properly. Second, you need time-out to figure out how you should behave when dealing with someone you care about.
    Answer Applies to: Georgia
    Replied: 4/15/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes.
    Answer Applies to: Virginia
    Replied: 4/14/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You face two misdemeanor charges. Both could get you jail, a fine and a record.
    Answer Applies to: Nebraska
    Replied: 4/14/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Jail should be the least of your concerns. A DV conviction will cause you to lose your gun rights for life, and you will be forced to attend a long and expensive 52-week class, not to mention have a criminal record. Hire a lawyer before you get duped into a plea that you will regret for life.
    Answer Applies to: California
    Replied: 4/14/2013
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