Will I do jail time for a first offense ever, it was criminal trespassing and simple assault.

Asked over 1 year ago - Dallas, GA

I had been drinking to much and my wife and I got into a heated argument, I got criminal trespassing for breaking picture in my own home, and simple assault for scarying her. When she called the police I grabbed the gun and threatened to kill myself. Then I put it back and waited on the couch for the police. I was bailed on a o/r 20 dollar. My wife came and got me and since then I have stopped drinking and we are getting marriage counsling. Will I do more jail time? Probation? Could I get the charges dropped since its my first offense ever? Does my job have to know? How many court dates are there? Should I get a attorney for the first court date? How Long till court date?

Attorney answers (5)

  1. Justin Spizman

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . First of all, it sounds as if you are doing everything postarrest that you need to do to ensure a positive outcome. Whether or not these charges will go on your criminal record, be dismissed, or result in jail time, will have a lot to do with your wife, the prosecutor, and the l jurisdiction in which this case is located. You absolutely should hire an attorney. In fact, that's probably the most likely piece of this puzzle to get a good result. Feel free to give me a call if I can help you with this issue. I have handled hundreds of cases like this.

  2. Noah Howard Pines

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Yes, you should hire an experienced lawyer to help you with this case as a lawyer can help you resolve these charges and protect your future. By way of example, you stated you were arrested for damaging a picture in your own home. If you damaged your own property or "marital" property you cannot be charged with that offense.

  3. Benjamin David Goldberg

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Yes, you need an attorney. Depending on where the case is being prosecuted, there may be a way to get it dismissed. Feel free to call me at 404-985-9772 for a free consultation.

  4. John Arnold Steakley

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Jail time shouldn't be your only concern. If you are charged and convicted of domestic violence and just get probation, you also suffer a lifetime ban on possession of firearms. There are lots of collateral consequences that come with any conviction, so don't be lulled into a plea just because it doesn't include jail time.

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  5. Allen Rust Knox

    Contributor Level 16

    1

    Lawyer agrees

    Answered . First of all, you have defenses to this case that you are not aware of because you are not an attorney. Second, if you have been charged under the family violence act, you may both see more jail time (depending on the judge's personal leanings on the matter) and suffer additional adverse consequences such as losing your gun rights. You will also have to complete some term of probation with various counseling and testing involved. Paulding County can move very slowly. Therefore, I cannot comment on how long it will be 'til your first court date. However, you will eventually have one. Thereafter, you will have multiple court dates until this case is resolved either by a guilty plea or a trial.

    An attorney may be able to get these charges dropped altogether or get you into a pretrial diversion program that will end in a dismissal as long as you complete the program. I am a former Paulding County prosecutor. If I can be of assistance, please call me.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

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