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Michael Foley
Michael Foley, Attorney
Category: Legal
Satisfied Customers: 67
Experience:  3 years teaching law at college level; experience prosecuting and defending in criminal law
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What kind of a sentencing could I be looking at, I was ...

Resolved Question:

What kind of a sentencing could I be looking at, I was charged with 3rd degree assault and domestic violence, both are a class 1 mesdemeanor offense, he was also charged with the same
Submitted: 9 years ago.
Category: Legal
Expert:  Michael Foley replied 9 years ago.
In Colorado, conviction on a class 1 Misdemeanor holds a minimum penalty of: 6 months and a fine of $500 with a maximum of 18 months and a fine of $5000. Of course, plea deals can be worked out with the prosecutor for less than the "minimum", especially if it is a first offence, not a strong case, etc.
Customer: replied 9 years ago.
Thank you so much. I just was so scared that there could be jail time. Yes this is my first offense and my boyfriend (now ex) was charged with the same all though he has prior domestic violence in Kansas and it is a felony conviction.
Expert:  Michael Foley replied 9 years ago.

I'm happy to try and help. In most domestic violence cases, (based on my experience), jail is not common unless there are serious bodily injuries involved or multiple occurrences. The logic is that couples will argue and the state should not intervene, however, there is a public safely concern that arguments do not escalate to major fights. I'd consult an attorney just to be on the safe side, but I'm pretty comfortable in telling you that you PROBABLY won't have any jail time and that the charges may be dropped in total when all is said and done. Again, this is speculation on my part and the control lies in the prosecutor's hands, but I'd be pretty surprised if jail was an issue here for you.

best of luck!

Customer: replied 9 years ago.
Thanks again, your answer has put my mind at ease and I will be talking to the DA on July 10th to see what she has to offer. Have a great day.
Expert:  Michael Foley replied 9 years ago.
If you are pleased with my answer, kindly accept. thanks!
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