QUESTION
I am facing simple misdeameanor assault charges 3rd degree for pushing my boyfriend. I am 7 months pregnant. WIll I go to jail or probation?
Asked on Apr 29th, 2021 on Domestic Violence - Colorado
More details to this question:
I recently spent the night in jail after my boyfriend and I got into a heated argument that resulted in me pushing him lightly. He had no bodily injury or marks, and I have no prior criminal record. They released me from jail and lifted the protection order since I am pregnant, and deemed it would be safe for him for me to be living with him considering my circumstances. I have court in about a month, but I am worried I may be sentenced to jail time while being pregnant. I am wondering the likelihood of this happening or will I most likely just get probation?
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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While it depends a bit on what County your case is in and the specific facts of the case, it is extremely unlikely that on a first offense, minor 'domestic violence' case you woudl go to jail. The focus of domestic violence cases, for the most part, is to get the 'offender' into domestic violence treatment (not to jail them). I would be VERY surprised if you saw the inside of the jail again. And there are plea bargains that can result in the case being totally dismissed in the end - and then it can be 'sealed' so it does not show up on a regular public background check.
NOTE: The reason you had to spend a night in jail is because the law requires that you see a judge and acknowledge the 'protection order' before you can be released. It is a sad 'quirk' in "domestic violence" cases.
Answered on Apr 30th, 2021 at 7:33 AM