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My boyfriend and his dad got into a fight. And he is being charged with Strangulation and Assault IV how much time is he facing?

Salem, OR |

My boyfriend was drinking yesterday. His dad came over and they ended up in a fight. He just got on probation for coercion two year suspended sent. And there was a no contact order between him and I. They where both choking each other so why would they only charge my boyfriend? How much time is he looking at?

Attorney Answers 5

  1. If he was out on a two-year suspended sentence, he could be looking at 2+ years - because in addition to whatever jail time he might get for this new incident, he may be ordered to serve the 2-year sentence from the coercion case.

    Your boyfriend DEFINITELY needs to get an excellent criminal defense attorney ASAP, before this situation goes from bad to worse. I would be happy to speak with you about representing your boyfriend, and how we can make this situation better for him.

    Troy Pickard
    Portland Defender
    1001 Southwest 5th Avenue
    Suite 1100
    Portland, OR 97204
    (503) 592-0606

  2. While I am not familiar with the specific penalties for crimes in your state, specific penalties can vary on many different factors. Your boyfriend's suspended sentence could be reinstated based on the new allegations of choking, which would automatically result in a two year sentence. Additionally, your boyfriend would still be facing whatever penalties might occur from the new charges.

    I would highly recommend your boyfriend hire an experienced attorney in your area. If the charges cannot be outright beat, then there are many things which can be done to mitigate the sentence .

  3. Have your boyfriend consult with a criminal lawyer asap!!!

  4. This is a tough situation. What were the terms of probation on his coercion? If he had to remain crime-free, its possible he can avoid the two year sentence by "beating" the new case (having the case no-complainted, getting a dismissal or a not guilty verdict). However, its more likely that he had to remain crime-free AND comply with all terms of probation in order to avoid the two year sentence. The fact that the police found him in violation of the no contact order may be enough for the court to impose that two year sentence.

    If they were both choking each other, it could be that the DA will reject the case due to "mutual combat." However, its entirely possible that the DA will look at your boyfriend's history and decide that its worth it to issue the case, even if they anticipate there could be a self defense argument down the road.

    I do agree that you should find a good criminal defense attorney as soon as possible. If you were happy with the last attorney, it might be helpful to have the same person as they will be familiar with all the circumstances of the case.

    I have a lot of information about DV cases on my website:

  5. When one tries to determine how much "time" someone else is facing, there are different factors to consider:
    (1) what is the person's criminal history?
    (2) are the new charges felonies or misdemeanors?
    (3) are there any previous probation violations?

    It may help if you contact the probation officer to see what his/her recommendation would be for the new alleged crime. If there is an underlying issue that was not addressed during the coercion case (e.g. anger, alcohol, cognitive thinking) the probation department may want to add it as a condition of probation or address it during the new case, instead of asking the court to impose the suspended sentence. Because there is a no contact order between your boyfriend and yourself, there is only so much you can do on your own.

    The benefit of speaking with an attorney will allow you to speak with someone who can review the police reports, discuss the case with your boyfriend, and maybe even get the District Attorney's stand on the case. E.g Was this a "mutual combat" type of situation or was your boyfriend trying to defend himself?

    With the two year suspended sentence hanging over his head, your boyfriend does not want to be rushing in to take a plea offer without first considering all his options.

    Best of luck!

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