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Thanks, In most cases are there jail time for first time offenders

 
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Customer Question

Thanks,
In most cases are there jail time for first time offenders or probation? Since he stuck his hands in my car I defended myself, is the what the 3rd degree charge is about and can I use his aggressive action as my defense to have this dismissed?

Submitted: 343 days and 15 hours ago.
Category: Criminal Law
Value: $43
Status: CLOSED

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Expert:  InformationForYou replied 343 days and 15 hours ago.


InformationForYou :

Most of the time it would be probation. The attack in the car isn't what makes it third degree at all.

Customer :

What was the 3rd degree about then?

InformationForYou :

The third degree is actually more helpful to you. I know it seems worse but it isn't (first degree is worse than second degree and second degree is worse than third degree).

InformationForYou :

Here is what second degree would have been:

InformationForYou :

C.R.S. § 18-4-503, occurs when a person unlawfully enters or remains in or upon the premises of another that are enclosed in a manner designed to exclude intruders, or fenced, or if a person knowingly and unlawfully enters or remains in the common areas of a hotel or apartment or condominium building.

InformationForYou :

Here is what first degree would have been:

InformationForYou :

C.R.S. § 18-4-502, occurs when a person knowingly and unlawfully enters or remains in the dwelling of another or enters any motor vehicle with the intent to commit a crime. First degree trespass is a class 5 Felony

Customer :

He claims I was at the door trying to break in and that was not the case. I loved the woman who is the proprietor, for 3 years in love she reciprocated sometimes, I was pretty dumb tonight. I just wanted to see where she lived and was looking for the number which I did not see. Therefore, I walked up to the door to find it. Then I was chased.

Customer :

By he I mean the man of the house. I wasn't sure if she had someone.

InformationForYou :

I do understand...

Customer :

you think it's stupid don't you. LOL. Are multiple court hearing a possibility. Any other advice? Most of all I feel bad for them.

InformationForYou :

I absolutely do not think it is stupid. I assure you that. I think it is terribly sad that this has all happened. I think that your poor heart is broken up and then all this on top of it.

InformationForYou :

I would suggest you see if the prosecution would consider a deferred sentence that if you agree to stay away from her ifyou can and if you agree to not get in trouble for a year would they consider dropping the charges after a year is up?

Customer :

She shows me mixed feelings by answering me on facebook. Especially if she has a boyfriend wouldn't you think. She really didn't realize I wasn't kidding when I said I loved her. Stupid way to get attention on my part. Do you think everything will be okay? I will make strong apologize to her and him.

Customer :

typeo: where I said 2nd line especially, I meant to say she shouldn't have been talking to me if she has a friend.

InformationForYou :

I would probably not apologize until you talk to the prosecutor only because I'd tell the prosecutor you'd like to apologize to them - and when you do, I'd do it in writing and keep a copy. (Otherwise they can claim you said and did things that you didn't)

InformationForYou :

I'm so sorry she's been playing with your heart and feelings. How painful.

Customer :

that's okay. I think I'm over her now. great points you have made. I hope everything all around will be okay.

InformationForYou :

Me too ...

InformationForYou :

Good luck and I hope it all works out.

Customer :

thanks

Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 100.0 %
Accepts: 85
Answered: 4/27/2012

Experience: Litigation attorney & adjunct legal professor

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Expert:  InformationForYou replied 339 days and 6 hours ago.

Just wanted to make sure you were doing okay!

 
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