Domestic Violence First Time Offender

[Worried254]

What is the name of your state (only U.S. law)? Alabama

Hi, all. I have a friend of mine who's really worried about what he will be sentenced to come his court date sometime this year. See, this is his first time EVER getting in trouble with the law. He was arrested back in May. He has a 2nd degree domestic violence charge on him (for hitting his stepfather with a baseball bat). His stepfather will NOT press charges against him and even will speak on his behalf in court. His stepfather didn't even go to the hospital. It was just a small family fight that just happened during the spur of the moment. Despite all that, my friend thinks that he will be sentenced to life in prison or even the death penalty when I'm trying to convince him that he will just get either probation or community service (and NO MORE JAIL TIME). He is extremely depressed over the matter and can't stop crying (and is contemplating suicide). Please prove him wrong and prove me right and let me know what kind of sentence he will receive. Thanks.

 

[seniorjudge]

And what is your legal question for us?

 

[ShyCat]

Your friend is quite the drama queen. He's not going to believe anything said here anyway because it wouldn't play into his little drama. My suggestion is to stop playing along and encourage your friend to see a therapist.

 

[KimInNY]

I think if he hit his stepfather in the head with a bat, he should do some time. (c'mon the "death penelty" ? ,,, "Life"? ) maby 6 months. not death. Sorry.



***Opinion.

 

[Utahlegaleagle]

Despite all that, my friend thinks that he will be sentenced to life in prison or even the death penalty when I'm trying to convince him that he will just get either probation or community service (and NO MORE JAIL TIME).

I am now concerned for the (and NO MORE JAIL TIME).

Are you saying the he is a repeat offender?

 

[KimInNY]

I am now concerned for the (and NO MORE JAIL TIME).

Are you saying the he is a repeat offender?

I think he was saying that he spent time in jail during that night definately, and maybe a week between araignment and first appearence in front of his judge.

 

[Worried254]

Some questions answered:

1. He only spent that one night in jail back in May. Other than that he has been free. There still has not been a court date set. He did have to go see a bail bondsman after his release.
2. He is NOT a repeat offender. This was his first and ONLY time in trouble with the law.
3. He's afraid that he will spend even more time in jail or prison after the court date.

Thing is, he and his stepfather have reconciled and are on good terms. The stepfather will likely want the charges dropped.

Despite everything, my friend doesn't believe what I'm and my other friends and his family are telling him. And now he's severely depressed and keeps talking about hurting himself.

For the DV case, will he STILL have to do any jail time despite his stepfather wanting the charges dropped? And do you have any rough estimate on when the court date will be?