What are the conditions for Petty Exception?

[hopeful_joe]

I was charged with Assault on Family Member causing bodily injury, a class A misdemeanor, which carries the maximum possible sentence of one year in jail. I was offered to take "defered" and get a 9 months probation with no time in jail. If convicted, this will be my VERY FIRST CRIME EVER!

I know this is a crime involving moral turpitude and is deportable. I also know of the "petty exception". I also know there are two conditions that have to be met to qualify for the petty exception. The first is that what you actually serve has to be less than 6 months in jail. That's easy.

But the second condition is what's confusing. Does the maximum possible sentense has to be "LESS THAN A YEAR" or "A YEAR OR LESS"?

Please only answer if you have something helpful to say. I appreciate your answers.

 

[niladri30]

NOT MORE than one year.

Also, the other exception, as you defined it, is incorrect. that too is NOT MORE than six months.

Note, however, that FORMAL probation is the same thing as jail time. So, unless your probation is informal or court probation, you would not meet this condition with a probation of nine months.

I am unfamiliar with the details in states that allow "deferred". Hence, I will not be able to answer further questions about your probation. Ask your attorney or the court to clarify which kind it is.