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How long will my husband serve time in county jail for domestic violence as this will be his second.But he doesn't have prior

Fresno, CA |

this will be the second time. But the first time he didn't serve jail time and came out to be on probation and was assign to anger management classes. He doesn't have any prior felony on him. Will he be able to come out again and not serve jail time but take classes or community service. But if the judge or the DA pick up charges on him what will be his jail time serve. Will he be given another chance or will he serve time.

Attorney Answers 2


  1. You don't say how long ago the prior was or whether or not he was currently on probation for DV when he picked up the new case. That will matter. So will the extent of his other record, the particular facts of the new case, the judge, the DA and his attorney.

    It's unlikely he'll be given a no jail time offer the second time around, particularly if he was on probation for another DV case and/or it was recent.

    Needless to say, he needs a very good criminal attorney in his corner.


  2. It is impossible to answer your question without a full review of the facts. If your husband is convicted of Penal Code 273.5, domestic violence with injury, he could be facing up to four years in state prison (five years if his prior domestic violence conviction was for 273.5).

    Most prosecutors and judges do not look favorably for people who continue to commit domestic violence offenses. It sounds like he might still be on probation for the prior conviction; if he is, the new offense would be a violation of probation and he could get up to the maximum sentence on that case, too.

    Your husband needs a lawyer. If he can't afford to hire his own attorney, he should ask the judge to appoint the public defender. His attorney will have access to all of the reports and evidence, and will be in a better position to predict what might happen.

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