Only your attorney can advise you on that case. Often the facts or your attorney can change the outcome of your case. It also depends on your previous record. Have an attorney with you in court.
I would advise contacting a criminal defense lawyer immediately regarding your situation. It's not a certainty that you will be serving jail time under the circumstances. An attorney may be able to help you achieve the best possible result. You should have an attorney with you when you are in court facing these charges.
Juan C. Garcia, Jr.
Attorney At Law