QUESTION
What can I do to take care of my assault charge without having to go to jail?
Asked on Sep 06th, 2011 on Criminal Law - California
More details to this question:
I have an assault charge. What can I do to take care of it without having to go to jail?
13 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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It depends on the facts of the case whether that would be possible.
Answered on Jun 25th, 2013 at 1:35 AM
Jacob P. Sartz
I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. If you cannot afford an attorney, the court may appoint you one at the public's expense. You are presumed innocent until proven guilty beyond a reasonable doubt. Only if a person is ultimately convicted or if they plead guilty will they be sentenced. In some instances, people negotiate some type of plea deal where, in exchange for admitting guilt, the parties agree to a sentencing recommendation of no additional jail time. If a judge wished to sentence a person to jail in that scenario, the defendant would have a right to withdraw their plea. Further, some judges will not sentence offenders to jail for more minor misdemeanor charges, depending on the circumstances. Some people have their charges dismissed or go to trial and are acquitted.
Answered on Oct 05th, 2011 at 1:20 PM
Roianne Houlton Conner
That really depends on the degree of the assault and the facts and circumstances.
Answered on Sep 12th, 2011 at 8:36 AM
Theodore G. Hess
1. In Colorado, you can actually get up to 24 months in jail for a misdemeanor assault. 2. Whether you get jail time depends on (a) whether this is your first conviction for assaultive behavior; (b) the aggravating facts surrounding the assault; (c) the extenuating and mitigating facts; (d) what the victim and DA request; and (e) how you present yourself at sentencing and who comes out to support you.
Answered on Sep 12th, 2011 at 8:18 AM
Michael J. Breczinski
It depends on the facts, your attorney, the judge and what can be worked out. This type of thing is what a good attorney would try to work out for you.
Answered on Sep 12th, 2011 at 7:53 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You need to immediately hire an attorney before you go or return to court and cooperate with him or her in mounting a defense.
Answered on Sep 12th, 2011 at 5:15 AM
Whether you serve any jail time is within the discretion of the court at time of sentencing. If you are found guilty, there is nothing you can do to guarantee any sentence would not have jail as a component.
Answered on Sep 09th, 2011 at 7:43 PM
Steven D. Dunnings
That decision is up to the Judge.
Answered on Sep 09th, 2011 at 1:08 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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That question cannot be answered until a lot more information is given. Is this your first offense? Have badly did you assault the victim? How adamant are they about pressing charges? It will also depend a lot on who the judge and prosecutor is. It is certainly possible to avoid jail and get off with probation, but that would depend a lot on your prior record and the circumstances of this case. Do not agree to anything until consulting with a lawyer.
Answered on Sep 09th, 2011 at 12:35 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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You should consult a local criminal defense attorney in your area. Your attorney may be able to negotiate reduced and/or suspended charges and/or sentencing in return for a plea deal, probation, or other diversion program.
Answered on Sep 09th, 2011 at 12:31 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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The role of a defense attorney is to stand between you and the State. The attorney representing you will negotiate with the prosecutor to reach a plea agreement that will hopefully diminish the charge and the punishment attached. Trying to do this without an attorney is not a good idea.
Answered on Sep 09th, 2011 at 12:18 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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Hire an experienced criminal defense attorney immediately. Do not discuss it with anyone other than your attorney.
Answered on Sep 09th, 2011 at 12:14 PM
Daniel Kieth Martin
There is a lot that can be done. 1. Find a defense attorney that will do a free consultation and talk to the attorney about the case. 2. If alcohol was involved you could go to AA classes while your case is in court, sometimes that helps. 3. You may be able to establish that it was self defense, if so then line up your witnesses. 4. Exlpore other potential defense.
Answered on Sep 09th, 2011 at 11:50 AM