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Being charged with assault with a deadly weapon, battery and domestic violence . Is there any way to not face jail time?

Orange, CA |

We weren't domestic partners at the time. First offense. Not a firearm, but he did have to go to the hospital. The reason 911 was called was because he wanted to go to the hospital, not to try and get me arrested. "Victim" is not pressing charges and this was an accident. No intention to injure. No intention to use the weapon as it was used. I do have a history of mental illness.

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Attorney answers 5


Yes there is, discuss these options with your Attorney after he or she has done their investigation and discovery of the state's evidence.


You have some good facts with which to work. But these are serious charges and avoiding jail time will require constructing a good defense. Contact some attorneys in your area. Many of us on Avvo provide a free consultation.


Yes, but it depends on many factors and a skillful lawyer representing you. While there are too few facts here to give you a specific answer, there are some potential serious consequences that could result from a conviction of the charges to which you allude. Hire a criminal defense attorney to help you.


It is possible to avoid jail time, but the charges are definitely very serious. A serious offense can still have a strong defense, and you do seem to have some good facts to work with. You need to hire an attorney that's familiar with handling this type of case and is willing to take the time to properly work it up. I suggest calling around, as many attorneys here on Avvo offer free consultations.


This is going to go way beyond a simple question & answer from an online forum. Yes, anything is possible - from no charges filed to a dismissal to reduction to a misdemeanor to no jail time and probation, etc.

There's just no way to predict without knowing all the details as contained kn the police reports, witness statements, photos, 911 transcript, etc.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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