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I just recieved a domestic battery 3 , public intox , and disorderly

conduct. I was in jail...
I just recieved a domestic battery 3 , public intox , and disorderly conduct. I was in jail 3 days, released on O. R. At the arraignment I said I will plead guilty because I just want this over with. It is my first offence, however I do have a DUI in March 1st offence and am paying off my fine now and am not delinquent on that. I have already applyed to enter a long term treatment out of state. I also have a life threatining illness and am on disability. what are my consequences.
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Answered in 19 minutes by:
6/16/2012
Stevexo
Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1,000
Experience: Thirty years Criminal Defense
Verified
Steven T Greene Esq. Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work. Glad to help. Do you mean 3 counts of domestic battery, or do you mean that is the degree of the crime? Thanks, Steve
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Customer reply replied 5 years ago
Sorry not sure how to work this system. It is 3rd degree 1 count 1st offence
I need to be exact here so one more question. A third degree battery in Arkansas can be either a Class A misdemeanor or a D felony, if the lady was pregnant, and or you have priors for this. Which one are you charged under, as it makes a big difference. Thanks, steve
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Customer reply replied 5 years ago
It is a Class A misdemeanor. no priors. Im at the liberary now and will be asked to turn off computor soon . its 4:27 now they close @ 5:00
Hi Glad to help. The Domestic Battery is the most serious,it carries up to one year. The Disorderly Conduct carries up to 90 days as a class B felony, and Public Intox carries up to 30 days as a class C. Not that any of this will happen to you but the greatest sentence you can receive is one year and 120 days, that is if you get maxed out and the charges run consecutively. None of this should happen to you as you have much going for you by way of mitigation. You have no priors and are on disability, and going into long term treatment, that is sure not the person I would put in jail! I have to wonder though, why you are wondering about the sentence. That should have been worked out a long time ago when you pled, as a first offender the state should have given you a great plea bargain and a guarantee of no time. Really you should have gotten some sort of diversion program and had the entire case handled non judicially and then dismissed. I cannot believe that you would have been made to plea straight up to the court with no agreement. I do not feel as if any judge with your lack of prior record and disability would jail you over this and at the most you should get a probationary sentence and I would hope even a non adjudication or a withhold along with it. But because the Judge could if he desired put you in jail as unlikely as that sounds to me, you should try and get the state to give you a good offer so you are not taking the risk. Good luck, Sincerely, Steve
Stevexo
Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1,000
Experience: Thirty years Criminal Defense
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Stevexo
Stevexo
Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1,000
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