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What is the Penalty for Second Offense Domestic Violence

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  • 09-03-2015, 08:12 PM
    candice.gest92
    What is the Penalty for Second Offense Domestic Violence
    My question involves criminal law for the state of:
    I am clueless when it comes to stuff like this. my partner and i got into a REALLY bad argument the other night and she called the cops on me. Long story short, they arrested her. even though i did something way worse than what she did. she called the cops on me and she got arrested... she just got an extension on her probation and was almost finish. all she had left to do was pay the rest of the money she owed to the courts. well. i just found out from a bail bondsman that it is now considered a felony and that even if she does get out.. she will be right back in there in a few days after they revoke her probation. now she is bipolar, is disabled and was not on medication. i don't know if this could help the case or not. i'm lost on what to do and need serious help. i have no one else i can go to. neither of us has any family or friends. how much jail time could she face if she has that previous charge?
  • 09-03-2015, 08:27 PM
    cdwjava
    Re: How Much Jail Time for Dv with Previous Charge
    What state is this in, and what specific code section has she been charged with violating?
  • 09-04-2015, 05:57 AM
    jk
    Re: How Much Jail Time for Dv with Previous Charge
    Yes, the state is absolutely critical to be able to give you any info but I will say this;

    it it sounds like she may have been on a diversion program or at least was given probation in lieu of incarceration. If a diversion program it is quite likely that will be revoked and she would be found guilty of the original charge and sentenced accordingly. If probation based on a guilty finding, her probation may be revoked and possibly sent to jail.


    In many states a second charge is considerably more serious than a first charge and in some, even if the first was dismissed due to a deferral program, it still counts as a first charge for the purposes of making the second offense counted as a second offense.


    In any case she needs to speak to no one about this other than her attorney, which there is no question about needing.
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