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What are the consequences of assualt 3rd, aou 3rd, and dwi in new york state?

Batavia, NY |

I was intoxicated and decided to drive home, on the way i popped both front tires and had to pull over on the side of the road. Me and my friend got into an argument and i hit them. I couldnt fix the tire so i sat on the side of the road, ending up falling asleep and a cop came arresting me for these three offences. I'm wondering what my consequences may be. If im facing jail time or what?

These were all first time offences. I also called the county court to see if i could get a lawyer for my case. I make too much money so they are having me come in the day of the court date a couple hours earlier to see what can be done. I dont have the money to get a lawyer at this time because of having to pay bail. Im wondering if there is any pro bono lawyers that might be able to take my case in my area?

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Attorney answers 1


I do not practice in your area, but the potential ramification for these crimes is jail. Whether you will ultimately be exonerated, work out a plea, or be convicted after trial depends on the course of action you take. Technically, for example, you can receive up to one year jail on an "A" misdemeanor such as Assault in the Third Degree. At the same time, you could get community service, a conditional discharge or no jail. For a first time DWI, even with an offer of an 1192.1 (a violation), you will be fined, may get community service and an alcohol program such as the DDP. Each jurisdiction has different standard offers (if there really is such a thing). As a first time offender, even if guilty and the evidence establishes this guilt beyond a reasonable doubt, you should not expect the maximum sentence. An experienced attorney should be able to work something out much more favorable assuming the injuries to your friend were nominal and you were not aggravated DWI. This is a case specific question and you really should consult with a local lawyer. If you cannot find an affordable lawyer contact the local legal aid society for direction.