QUESTION
What can I expect at the trial for a 3rd domestic violence if I have 2 priors?
Asked on Jul 09th, 2013 on Criminal Law - South Carolina
More details to this question:
I have a felony domestic trial coming up next week that is 13 months old. I was assaulted by my girlfriend, I called 911, and they arrived in which I told officers nothing had happened so that she wouldn’t go to jail. At the same time she told officers out of fear of going to jail that we pushed each other at the same time and I accidentally struck her. I was arrested for domestic 3rd. I had one the year before and in 2003. They took 2 photos of the alleged victim that showed marks that she previously had that were not fresh marks and can clearly tell didn’t happen during our altercation. She is testifying on my behalf at trial. My court appointed attorney says we have a legitimate shot at beating the case, however he is extremely busy and is very short and vague pertaining to the case.
3 ANSWERS
Michael J. Breczinski
Well if you win then you walk out of court and if you lose you probably will go to jail.
Answered on Jul 14th, 2013 at 8:54 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Since you have an attorney, who knows the case (I don't), all I can say is, if you are convicted, and with 2 prior DV matters, there is no doubt in my mind that you are going to do substantial jail time.
Answered on Jul 14th, 2013 at 8:54 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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If convicted of CDV 3rd. 16-025-0020(A), the sentencing range is 1-5 years. The mandatory minimum is 1 year and the judge may not suspend the 1 year.
Answered on Jul 12th, 2013 at 11:54 AM