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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Sentencing For First Time Domestic Violence Offender

    My question involves criminal law for the state of: North Carolina - Domestic Violence

    My boyfriend and I have been together for three and a half years and have lived together for the past two years. He has a history of emotional issues and has been diagnosed with a bi-polar disorder. Over the past year he has hit me on several occasions but I chose not to press charges, begging him to seek professional help for his problem. He began counseling a few months ago and I have seen several improvements in his behavior. However, he recently hit me again and this time I had him arrested. The relationship is over and I have no hopes of it continuing. We also plan to live separately in the near future.

    What I am concerned about it how the sentencing will work for this due to it being his first offense. I know that the maximum sentence is 150 days in jail. We are both college students and he is an excellent student with great grades. I am curious as to the likelihood of him receiving probation, community service, anger management etc. in the place of serving jail time. I want him to get the help he needs but I'm terrified that jail time will damage his college career. Any help?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Sentencing For First Time Domestic Violence Offender

    Do not, repeat do not, contact him or his lawyer for any reason.

    Don't worry about his sentencing. That is not your concern.

    The sentence will be handed down by the judge given the circumstances of the particular case and the possiblity of other action (counseling, etc.)

    He is going to have some problems in the future, and the least of which is what happens to his collegiate career.

    You have been abused several times before you contacted police. I would also suggest some counseling for you... you need to understand why you allowed someone to abuse you without contacting authorities.

  3. #3

    Default Re: Sentencing For First Time Domestic Violence Offender

    It's not so much the jail time that's the problem. It's very possible that he'll get either a suspended sentence or a deferred sentence if he completes some court-ordered treatment program. It's the plea or a conviction that might very well jeopardize his future, regardless of if he ever spends a sentenced day behind bars or not. Either could certainly have a lifelong negative impact for him, educationally and professionally. That was a decision he made when he decided to commit a crime. The whole idea behind bad consequences is to try to get people to think BEFORE they act. At this point all he'll be able to do is try to keep on the straight and narrow, and try to focus his educational and career goals in directions that aren't going to put him behind the eight ball (ie he'll not likely be able to work in certain fields, and if asked about any convictions as part of a hiring process, other types of jobs may be difficult or impossible for him to pursue).
    Catherine NeSmith
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    AARDVARC.org, Inc.
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  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Sentencing For First Time Domestic Violence Offender

    To add.... in most if not all jurisdictions, a DV is not eligible for expungement.

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