QUESTION
What would I get if I were arrested for hitting my husband as a first time offense?
Asked on Sep 09th, 2012 on Criminal Law - Michigan
15 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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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.
Answered on Sep 18th, 2012 at 2:26 PM
Michael J. 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.
Answered on Sep 18th, 2012 at 2:26 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If he and the police and ADA agree, with a good lawyer, only Anger Management classes at most.
Answered on Sep 18th, 2012 at 2:25 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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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.
Answered on Sep 18th, 2012 at 1:16 AM
Gary Moore
It depends on what you hit him with an ax or a pillow.
Answered on Sep 17th, 2012 at 11:43 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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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.
Answered on Sep 17th, 2012 at 11:39 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Probably probation and a Batterers program.
Answered on Sep 17th, 2012 at 11:18 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Depends on how badly you hurt him. Also depends on whether your conduct can be excused.
Answered on Sep 17th, 2012 at 10:59 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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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.
Answered on Sep 17th, 2012 at 10:47 PM
Thomas Edward Gates
4th Degree Assault, Domestic Violence.
Answered on Sep 17th, 2012 at 10:39 PM
DV conviction, with a 52-week class waiting for you to attend.
Answered on Sep 17th, 2012 at 10:37 PM
On a domestic violence first time offence without serious injury to the victim the defendant normally receives probation and anger management classes.
Answered on Sep 17th, 2012 at 10:34 PM
Leonard A. Kaanta
Probation and a lifetime ban on the possession of a firearm.
Answered on Sep 17th, 2012 at 9:07 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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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.
Answered on Sep 17th, 2012 at 8:41 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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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.
Answered on Sep 17th, 2012 at 8:35 PM