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That depends on the jurisdiction.

Different States, cities and communities have their own rules and regulations. That said...

The most important factor is your criminal record. The second most important factor is your lawyer. 90% of the time a public defender would have you do about a year active time and then some restitution (medical bills, lawyer's fees for example) and also a split sentence where you do like a year in jail and then you get out on probation (probably intensive, supervised probation) for at least a few more years. This is the new thing as compared to the parole system. If you have access to a large amount of money, then get the best lawyer you can afford. Ask around, find out who can get you off these kind of charges. Be polite and pleasent to the lawyer, pay him when you say you will, do whatever he tells you to do, and show remorse; then, if you don't have a record with more than a few misdemeanors, you probably won't get any active time. You will get a suspended sentence and at worst house arrest, probably supervised probation. If you have a full time job and pay child support or have a family, then chances are good that you will not go to jail. If you are unemplayed, and especially if you are single and jobless, they have no incentive to keep you out. But then there's the lawyer - your ace in the hole. He will always know the best way to approach the situation, listen to him. If you have prior DWI's, then you probably will do at least 3 months. If you have prior assault charges, of course, this looks bad. Your lawyer should tell you to enroll in an anger management class and attend. Also seek out a counselor or therapist. This way you can tell the judge that you have an anger problem but only after the incident did you seek help, and now you are feeling much more grounded, are taking antidepressants, whatever they tell you to do, do. If you can't afford a lawyer you may as well take the public defender, because he can do better than you - at least most of the time, and you can always fire him if he doesn't do his job. Most of them really have no interest in helping you. Get this - they only get paid if you are found guilty of something. The fees will become something else in your restitution. This long answer is really just this - GET A GOOD LAWYER. Get or keep full time work. Cut your hair if it's long, at least before your court date.

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16y ago

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