I currently have a no contact order between us(Do not want) This is the first time hes ever been in trouble and was under the influence of aloot of alcohol. Been together for over 5 years never has he been abusive physically or mentally to me. He's actually been really good to me never been controlling as im typically in control of everything, i come from a home of strong women. there anything I can do to help his case? I just want him to seek treatment to better himself if there is anything underlying in him.. also What could be the outcome for him being a first time offender?
There are a bunch of different things that can happen with this case. It depends mostly on a few main factors: (1) what's in the police reports; (2) what the prosecutor and his attorney negotiate; (3) are there any witnesses for what happened? (4) If your boyfriend is out-of-custody, Is he seeking alcohol and domestic violence treatment? (5) What is the risk of taking the case to trial?
There are many different things that play into a case. It is very hard to predict how a case will play out without sitting down with your boyfriend and going over it all.
I will say though that there is an option for a felony first-time offender waiver under RCW 9.94A.650. This can be a good option when there is a lot of risk going to trial and the prosecutor is only offering felonies for a plea deal. With it, your boyfriend has the potential have a suspended sentence and do in-patient or out-patient treatment instead of jail time. However, Assault 2 DV is not an offense that qualifies. His attorney would have to negotiate amending it down to at least Assault 3 and the attorney would probably want to have the unlawful imprisonment dismissed as part of the plea.
Hope that helps.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline