What is the usual penalty for domestic assault 3rd degree first offense if I plead guilty?

Asked about 2 years ago - Sylacauga, AL

I have never been accused or convicted of a crime of any kind not even a traffic violation.

Attorney answers (2)

  1. Randy William Ferguson

    Contributor Level 19

    Answered . Usually 30-90 day sentence suspended for 1-2 years. You should try to do a diversion course if possible. A dv conviction has other implications. You normally do no jail time, but may require classes and accessment by probation.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  2. Patrick Mahaney

    Pro

    Contributor Level 16

    Answered . You should never plead guilty to any crime or offense without first consulting and retaining the services of a qualified criminal defense lawyer. You should recognize that pleading guilty or being found guilty of any crime of "domestic violence" prohibits you from owning, purchasing, or using any firearm. That is a federal offense under Title 18 U.S. Code section 922. In addition, a conviction in any Alabama court is permanent - there is no law of "expungement" in this state and there is no way of removing an arrest or conviction from your record.

    Your best course of action is to consult a criminal defense attorney. There may be an option for 'deferred prosecution' or 'Pre-Trial Diversion' to avoid a conviction. Your attorney will know the local court practice. For a listing of attorneys in your area, check the listings for the Alabama Criminal Defense Lawyers Association at: www.acdla.org.

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