Tuesday, December 22, 2009

My ex husband is being charged with assault in the 3rd degree against me. What are the chances of jail time?

Im just wondering because they have pictures of my bruises and I was pregnant at the time. And he has more money than I do and has a lawyer and I dont. since he did not take any plea bargain he should end up doing maximum sentance right?My ex husband is being charged with assault in the 3rd degree against me. What are the chances of jail time?
3rd degree assault.


Does he have a criminal record?


If the answer is No:


Yes, he should serve the max sentance which is none at all. 3rd degree assault really is just words and will be recorded as a criminal record act, but thats it. There is no jail time. (Depends on place u live)


If the answer is Yes:


The judges will tell you how long he has to serve.





The maximum penalty for assault in the third degree, a Class A misdemeanor, is up to a year in jail. But some defendants don't serve any jail time, depending on their prior record and other factors.





Obvious factors that will determine the sentence you receive as a first offense depend on how aggravated (bad) the act was, and whether there were surrounding circumstances that mitigate (or justify) your actions.





Talk to your lawyer, depending on the judge and your lawyer you will most likely get probation and be charged a fine and possibly community service.My ex husband is being charged with assault in the 3rd degree against me. What are the chances of jail time?
1st of all your ex husband is deserves to go to jail, who in their right mind would harm a pregnant woman. Money is not a ticket to escape jail time, he's going to serve time. If he does'nt reopen the case over and over till justice is served. Not having a lawyer is not a problem, the state will provide and besides you have the evidence.
I assume that you already have a restraining order in effect,and intend to make this the FINAL time he touches you in anger or any other way-if not DO IT NOW!! and be prepared to go all the way (divorce etc.) as the courts are funny in the way they work.Get a hold of a support group like W.E.A.V.E and listen to their advice they will also help you with the legal issues Don't wait DO IT NOW!!
If he didn't take the plea, his lawyers are probably going to claim that he wasn't the one that did it. That you hurt yourself then called the cops to have him arrested. It will probably come down to ';he said she said'; and he will probably walk. Unless you have proof that it was him.
no. it is unlikely he will do the max (a penalty of imprisonment for not more than five years and payment of a fine of not more than $10,000). in practice he'll get less than a year, and probably 6 months or less. make sure to get a no contact order.

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