i am being charged with 2 misdemeanors/ domestic violence. what should i expect?
Question Details: my girlfriend and i had a altercation, we were both arrested for domestic violence misdemeanors. i am active duty military, i have been punish by the military, and have self referred to a councilor on the base. i have no priors of any kind.
Depending on the jurisdiction and the facts in your case, the prosecutor may want you to accept a plea to one of the domestic violence counts. Usually, the other count will be dismissed. So, for, example, if you were charged with Disorderly Conduct (DV) and Assault (DV), the prosecutor may proffer you to plea to the Disorderly Conduct (DV) and agree to dismiss the assault. The problem for you is that any DV conviction will result in the loss of your second amendment right to possess a firearm, under the Brady law. That would not be good for your miltary career. In most cases, the best bet is to have your attorney negotiate a plea that provides for the DV designation to be dropped under the terms of any plea agreement. The fact that you are in the military and have received punishment internally and are also doing counseling must be conveyed to the prosecutor in the negotiation process.
