What is the Maximum Charge I Have to Do for a 3rd Degree Misdomeaner Assault

[LuchianoReyes1]

My question involves criminal law for the state of: Nebraska
My Boyfriend Got a 3rd degree assault on a pregnant women, I Called the prosecuter and he said e will consider dropping it to a 3rd degree assault misdemeaner. I Just want to know what the maximum and minimum time he will do he has already been in there for a month. Also I Dont know if i should go to court or not? If I Go will he definetly be charged or will it make a difference either way? The cops and everyone drug it out of proportion it wasnt the way it was made to be in the statement. We are also having a baby together and niether of us were hurt, and he didnt hit me. He Has Old Felony Charges But no domestic charges but there in 06'. I Need Advice on the best way to get him out without getting another unnecessary Felony Charge.

[aardvarc]

My question involves criminal law for the state of: Nebraska
My Boyfriend Got a 3rd degree assault on a pregnant women, I Called the prosecuter and he said e will consider dropping it to a 3rd degree assault misdemeaner. I Just want to know what the maximum and minimum time he will do he has already been in there for a month.

If convicted of the Class I misdemeanor (3rd degree assault), he could face up to one year in jail.

Also I Dont know if i should go to court or not?

If subpoena'd to, yes.


[quote}If I Go will he definetly be charged or will it make a difference either way?[/quote]

Won't matter either way. The state will charge based on their view of the facts of the case.

The cops and everyone drug it out of proportion it wasnt the way it was made to be in the statement.

That's why we have juries.

We are also having a baby together and niether of us were hurt, and he didnt hit me. He Has Old Felony Charges But no domestic charges but there in 06'.

That could impact the prosecutor's willingness to offer a lesser charge.

I Need Advice on the best way to get him out without getting another unnecessary Felony Charge.

Hire him the best criminal defense attorney you can afford.

[LuchianoReyes1]

Thank You, And He Has A Public Defender Because We Cant Afford To Hire A Lawyer, I Talked To The Prosecuter He Said I Can Go And State My Side Or Not Go It Was Up To Me. But I Doubt I Will Be Able To State My Side. Im Just Hoping He Wont Have To Sit In Jail For A Year At Least 90 Days I Was Told Was The Maximum. And You Serve 53 Days. And He Has Already Served 30 Days. But Im Still Deciding If I Should Go Or Not. But Thanks For The Advice.

[flyingron]

You should be asking the PD if there is anything you can do. You should NOT be talking to the prosecutor. The prosecutor is not on your side and generally, any attempts to explain or recant in DV situations are generally ignored. As pointed out, if your subpoena'd for either side you better go. You can be arrested if you don't.