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Ask MShore Your Own Question
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Me and my girlfriend got in a small fight where she threw a

Customer Question

Me and my girlfriend got in a small fight where she threw a bag at me and I pushed her away in self-defense after she hit and kicked me. I also tripped her in self-defense while trying to get her to calm down. She told police that I only tried to defend myself and that she didn't want their to be charges. Regardless a bystander saw us and we were both charged with Domestic Violence. We live and Utah and have court tomorrow. Neither of us have charges on our adult records. What are the possible, and likely, penalties? Is jail time possible? No one was hurt, I only received a scrape on my knee and she got a scrape on her elbow.
Submitted: 7 years ago.
Category: Legal
Expert:  MShore replied 7 years ago.

Since neither of you want to press charges and it is a first offense the judge will likely send you both on your way with warnings.

MShore and 3 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
I don't know if another reply costs more? Is it likely either of us could get jail time? This is a case in front of the judge and no jury. I guess it's a state law to charge us even if we don't want to?
Expert:  MShore replied 7 years ago.

Neither of you will get any jail time.

Customer: replied 7 years ago.

What is the likelihood that we will receive the misdemeanor, have you had cases like this?

Customer: replied 7 years ago.
What would be helpful to say to the judge?
Expert:  MShore replied 7 years ago.

It is unlikely you will even get a misdemeanor conviction, what is most likely is that the judge will isse you both a warning not to allow an argument to escalate this far in the future.


What would be helpful is to ackowledge that you both exercised poor judgment in allowing an argument to turn physical, you both have since resolved to handle disputes in a more rationale manner, and do not want to see the other person's unblemished record become tainted as a result of this unfortunate incident.