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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13675
Experience:  Experienced in multiple areas of the law.
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i just got a simple assult charge. me and my now ex had a fight

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i just got a simple assult charge. me and my now ex had a fight a the police where called. she went to the domestic abuse selter and now i have this charge. do i need a atty? i do have my 2 kids at home and i am a single dad. me and my ex were not marrired and we have no kids together
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 5 years ago.

Thank you for using Just Answer.


Since every state has different penalties, can you tell me what state this was in?

Customer: replied 5 years ago.
south dakota
Expert:  RobertJDFL replied 5 years ago.

Thank you for your question. After reading my answer, if you require additional information, press "REPLY" and I will be happy to assist you further.


Simple assault is a Class 1 misdemeanor (the lowest violation). It is punishable by up to a year in the county jail and/or up to a $2,000 fine. While jail time is unlikely for a first offense, because it could result in jail time, and a permanent mark on your criminal record, having a lawyer is always a good idea. Also, a judge could have a protective order put in place that keeps you away from your ex.


Another reason to consult with an attorney is because you may have a defense you could raise (such as that you were acting in self defense); even if you don't have any defenses, a lawyer could negotiate with the prosecutor to minimize any penalties you did receive. More than likely, you're looking at probation, some community service, and anger management class if convicted.





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