Assault on a Family Member

[TOZABEACH]

My question involves criminal law for the state of: virginia
This is extremely embarassing, but I'm going to be completely honest. In 2007 I was arrested for DUI with child in vehicle. I received 10 days in jail (served on house arrest), fines, classes, restricted license, and interlock. 3 days ago, my husband and I were in a heated argument (once again, alcohol was involved) and I was arrested for assault on a family member for hitting my husband once in the face. My question is, do I have any chance at all for a plea with the prosecutor, or does that terrible DUI mean I will likely serve jail time?

[aardvarc]

Had there never been another alcohol related incident, your odds would be better that the prosecution might consider counseling, or completion of a substance abuse program (in conjunction with probation) in lieu of other sentencing possibilities. But from the prosecutor's point of view, if the DUI didn't force you to get help with the alcohol issues, then they're not going to be gung ho about suggesting it as a remedy now that a second alcohol-related "incident" has occurred. With that said, your question is actually best directed to a criminal defense attorney who practices in your local courts and will be aware of plea agreement habits of your local prosecutors, as it can vary widely from court to court.