QUESTION

Is there any possibility I will not be sentenced to jail time for a first time DV case?

Asked on Feb 05th, 2013 on Criminal Law - California
More details to this question:
I recently was arrested for domestic violence against my "ex" living partner (female). I accidentally (yes I am being truthful, ACCIDENTALLY) hit her jaw with my hand. This is my first major offense and I have no previous criminal history except DUI.
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3 ANSWERS

Possibly if she did not have any major injuries. If it is a misdemeanor you may end up with a little jail time. Maybe weekends picking up trash, but a lot depends on how badly she was hurt. If a broken jaw, you will be looking at a felony and jail or even prison.
Answered on Feb 07th, 2013 at 9:37 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Possibility. Sure. Likelihood of jail. Depends on all the facts, evidence, injuries, damages, witnesses, history, demand of the victim, etc. When questioned, arrested or 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. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. 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, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Answered on Feb 07th, 2013 at 9:30 PM

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For a first time domestic violence case without injury the sentence normally is time served, probation, classes on domestic violence and anger management, community service and fees and fines. There is a defense of accident that I have gotten a not guilty at trial.
Answered on Feb 07th, 2013 at 3:18 PM

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