being charged with misdemeanor battery under family violence act, it is my first offense but do i qualify for the first offender charge?
Violent Crime Lawyer
As long as you have never been convicted of a felony, you should qualify for First Offender Act treatment. However, even though you are charged with a misdemeanor, because it is a family violence charge, if you are convicted or enter a guilty plea, in addition to any of the requirements the state places on you, you will also be federally prevented from ever owning or being in possession of a firearm or ammunition under what is commonly known as the Lautenberg Amendment. A future violation of the federal law carries a fine of $250,000.00 and a 10 year prison sentence. Please speak with a qualified local attorney and protect your rights.
Best of Luck!
While you may qualify for treatment under the First Offenders Act, you should never just give in to these types of charges without consulting with an attorney. You can only use the FOA once. To burn it on a misdemeanor is not something that should be done lightly.
Please let me know if I can be of assistance. I would be happy to help.
M. Jason Rhoades
DUI / DWI Attorney
You should qualify but there are some pitfalls to first offender and you may want to consider other options. Depending on the facts, an attorney may be able to negotiate the case into a non-FV type plea or possibly even a pre-trial diversion. It would likely be worthwhile to consult with an attorney in your area.