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How much jail time will I get for a hit and run/ third degree assault charge?

Portland, OR |

I was accused of hitting a pedestrian in a crosswalk. I didn't have a license. So after I asked if she was OK I left. The DA offered me 45 days in jail if I would plead guilty. The public defender told me not to take it. The DA filed assault 3 charges because I did not accept the offer. How much jail time will I get? What kind of plea deal can I get? Is the plea deal most likely a better deal? Is the public defender doing his job or should I hire someone else?

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Attorney answers 2


While this type of question would ordinarily seem to be a simple inquiry, there are too many variables that come into play in any case to determine what a sentence will be based upon the few facts you list. The litany of aggravating and mitigating factors that can affect the sentence is not short. Consult again with your lawyer, who can review all of the case facts with you in light of the aggravating and mitigating factors, and who would then be in a position to properly estimate the sentence; and, answer your other questions. Once you have done this, you yourself will be able to answer the question about whether your lawyer is doing their job. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.


I see many questions on avvo in which people want to do what is going to happen to them because of such and such an offense or parole violation. In truth no one except your lawyer can even give you an approximate answer to that question because it depends on so many variables: your state’s laws and procedures, your criminal history if any, whether there are any sentencing enhancements, whether your state has diversion programs for your offense. These kinds of questions really require that you contact a local lawyer and even then they can only give you a range.