Legal Question in Criminal Law in California

The question is more difficult than it seems. First we need to know if he is charged as a felony or as a misdemeanor. If it is a felony he is facing up to three years in prison. If it is a misdemeanor he is facing up to a year in county jail. If it is a felony he may be placed on probation. If so he will not go to prison unless he violates his probation. As a condition of probation he may be required to do up to a year in jail and attend a 52 week domestic violence course. If it is a misdemeanor he may also be put on probation and as conditions do up to 364 days in jail as a condition thereof and to attend the domestic violence course. If he is placed on probation there may be other condition such as drug and alcohol and a stay-away order from you.

From the facts you stated, he's lucky he wasn't charged with 2 counts of aasault with a deadly weapon and 1 additional count of assault(for the choking incident). On these facts all that can be said is he's looking at a strike and a felony. As for time, its possible to get prison, but could be a county jail offer. The ultimate resolution will depend on the disscussion of his attorney and the DA. I wish you well. David Wallin