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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My husband was given a ticket for misd. assault & battery on

Resolved Question:

My husband was given a ticket for misd. assault & battery on New Year's Eve. He was not arrested. He didn't pay a cover charge at a club bec he wanted to check it out before we paid, I was waiting in the car. He decided to use the restroom and a waitress went into the men's room and started assaulting him along with 2 men. They dragged him out of the club where I was waiting. She has a few 'witnesses' that say they saw my husband hitting her but he told me he was defending himself as he didn't know who was hitting him at the time. What kind of penalties and/or fines can he expect? We live in CO. Thank you.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



misdemeanors are classified into three - class 1, 2 or 3 - the penalties are as follows:


1 Six months imprisonment, or five Eighteen months imprisonment,
hundred dollars fine, or both or five thousand dollars fine, or both

2 Three months imprisonment, or two Twelve months imprisonment,
hundred fifty dollars fine, or both or one thousand dollars fine, or both

3 Fifty dollars fine Six months imprisonment, or seven
hundred fifty dollars fine, or both


i think, he needs to explain the matter to the court and see about getting it dismissed since he feels he was defending himself



Customer: replied 8 years ago.
So it will be one of these penalties? I wouldn't think jail time would be appropriate as he owns a home, as a full time job and is not a 'career' criminal. I was told by the officer that there is a way to get a hold of the prosecutor before the court date and try to work it out with him/her. Is this the way to get the case dismissed? If he pleaded down, what would that be called and what would the penalty be fore that plea? I appreciate all your help.
Expert:  Samuel II replied 8 years ago.



it probably falls under the class 3 misdemeanor - but without having the exact cite on the ticket - i thought i would provide all possibilities


the class 3 is up to 6 months in jail and/or the 50 to 750 fine - i think, he will get fined about 100 or so and court costs -

Customer: replied 8 years ago.
So is there anything he can plead down to or is it basically just broken down into classes? Also, you didn't answer my question regarding talking to the prosecutor before his court date. Thank you for your assistance.
Expert:  Samuel II replied 8 years ago.



he can try to speak to the prosecutor - but the DA is under no obligation to speak with him, unless he files an appearance with the court on the matter as "pro se" meaning he is representing himself - then the DA should talk to him -


if it is the lowest of the classes, then the only plea he can negoiate is to the fine and no jail time - and as i stated, based on your facts of his employment, etc - i doubt he would get jail time


tell him to call the prosecutor's office and see if they will speak with him - but remember the state represents the "victims" and unless he files his appearance or gets a local attorney then they dont have to talk to him and he will need to wait until court to address the judge



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