Domestic Violence Defendant Sentenced to Serve 75 Days

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A DC Superior Court judge sentenced a misdemeanor domestic violence defendant to serve a total of 75 days for his two simple assault convictions.

Jose Hernandez was initially charged with three counts of simple assault, and then, a little over one month later, attempted threats to do bodily harm. He ended up resolving his case with a plea deal. 

Judge Maribeth Raffinan sentenced Hernandez to 180 days, 150 of which were suspended, plus one year of probation for the first simple assault conviction. She sentenced Hernandez to 180 days, 135 of which were suspended, plus one year of probation for the other simple assault conviction. The sentences will run consecutively, but the probation periods will be concurrent. 

Hernandez, 26, will receive credit for the 60 days he has spent at DC Jail as a pretrial detainee. 

During the Feb. 23 sentencing, the prosecution read an impact statement in which a victim describes having trouble sleeping and constantly stressing over the assault as well as the thought of being harmed by the defendant again.

The prosecution also noted that Hernandez has a prior felony domestic violence conviction.

Defense attorney Charles Haskell said his client accepts full responsibility for his actions, which is why he pleaded guilty. Haskell also said Hernandez had been struggling with mental health issues as well as a death in his family and estrangement from several family members. He said he is working to solve those issues.

Conditions of Hernandez’s probation include a mental health screening/evaluation and alcohol screening. He must also pay $100 to the Victims of Violent Crime (VVC) compensation fund. 

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