Q: What can happen if you were arrested for DV-Assault-Simple and intoxication?
Both parties participated in a physical altercation but only one was arrested.
A:
What can happen and what will happen are fact dependent questions. This can depend on what evidence exists, what happened in the physical altercation, who was the aggressor, etc. DV assault is generally charged as a class B misdemeanor. As a Class B, the maximum penalty is 6 months in jail and a $1,000.00 fine.
I suggest that you obtain an attorney to assist you in this matter. If you cannot afford a private attorney, you may qualify for an appointed attorney. Having an attorney will help you navigate these charges to get the best result possible.
A: The DV assault is likely a class B misdemeanor, carrying a possible 180 days in jail. The Intox is likely a class C carrying a possible 90 days in jail. Beyond that, if the assault is charged as domestic violence, that carries a number of collateral consequences. If you are convicted, you would be barred from owning or possessing firearms, in addition to other restrictions.
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