My fiancé is being charged with Assault Family Impeding Breathe. Even though I didn't want to press charges, and I have complained that the officers misstated what happened that night. What are the odds this case will be dropped, or he won't get the 5-25 years he is being told he will get. It will be his third felony, none were domestic violence charges.
DUI / DWI Attorney
The answer to your question depends upon a lot of factors, including what are the facts of the case and how good is his attorney are just 2. The first thing that I would suggest is that he hires a competent local criminal defense attorney to help him fight the case.
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
There is no confidentiality online. Your fiancé is presumed innocent until proven guilty beyond reasonable doubt. If you cannot find an experienced local criminal litigator on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv (https://www.nacdl.org/impak/cms/members_online/members/findalawyer.asp) NACDL Local affiliates: http://tinyurl.com/8akw2gd
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Criminal Defense Attorney
No lawyer can evaluate your fiance's chances in trial on avvo. There is no way to get a full picture of the case here.
Does he have a lawyer? if so, that is the person who needs to be evaluating the chances for winning the case.
BTW, the penalty range for a third degree felony is 2-10 years prison and up to a $10 thousand fine. With one prior final felony conviction, it would be 2-20 years prison and same fine. With two prior final felony convictions, one after the other, it would be 25-99 years or life in prison, no fine. Serious stuff. If your fiance does not have a lawyer yet, he sure needs one.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.