M1 assault charge first offense ever in my life i am 40 what is likely to happen?

Asked almost 4 years ago - Eastlake, OH

this is in ohio and it did not even happen my husband and stepdaughter were mad because i called social services on her for not taking care of her baby and this was payback

Attorney answers (2)

  1. Philip Alan Eichorn

    Contributor Level 19

    Answered . If the facts don't meet the charges, then you are not guilty. You are presumed not guilty as well. Please retain an attorney to represent you. Even if the facts do meet the charge, you may be able to plea bargain and/or enter a diversion program.

  2. Craig Alan Newburger

    Pro

    Contributor Level 10

    Answered . As attorney Eichorn indicated, you must be proven guilty, and beyond a reasonable doubt. A criminal defense attorney can help you evaluate how you may proceed with your defense. Attorney Eichorn also indicated you may be able to plea bargain or enter a diversion program. Depending upon factors such as the strength of the case against you, your lack of a prior criminal record, and so on, your attorney may advise you to go to trial (bench trial by judge, or jury trial), accept a plea bargain (pleading to a lesser charge such as disorderly conduct), or enter a diversion program if it is offered and your are willing to accept the offer.

    A diversion program requires you to admit your guilt to the original charge, but, your plea will not be accepted. You will enter a program that may require you to take an anger management class, perform a set number of community service hours, etc. You will be required to stay out of further trouble for a time period normally ranging between six months (misdemeanor; your charge) to a year (felony). There is a diversion program fee you will be required to pay. When you successfully complete a diversion program, your original charge will be dismissed.

    You will be well served to seek the advice of a criminal defense attorney.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.

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