Aldon Smith of 49ers avoids jail

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Posted: 07/18/2014 12:42:09 PM PDT

Updated: 07/18/2014 12:52:21 PM PDT

SAN JOSE -- Star linebacker Aldon Smith of the 49ers will face his comeuppance later today after pleading no contest to three counts of felony weapon possession and misdemeanor drunken driving charges.

Judge Daniel Nishigaya of Santa Clara County Superior Court will be under pressure to treat Smith like any other defendant in the same circumstances -- not any more leniently but also not any more harshly because he is a celebrity.

Many defendants who are convicted of misdemeanor DUI for the first time and have no prior criminal record get the following in Santa Clara County: about five days of weekend work, typically picking up garbage off the side of a freeway; mandatory DUI classes; and probation, including the condition that they cannot drive with any measurable amount of alcohol in their blood, even if they are not drunk.

Smith also faces a maximum sentence of four years and four months in jail for three felony counts of possessing assault rifles he apparently bought in Arizona, where they are legal. But it would not be unusual given his lack of a criminal record and where he purchased them if the judge knocked them down to misdemeanors, imposed a shorter, suspended jail sentence and put him on probation, as well as assigned him more weekend work. Smith was arrested in Miami once on suspicion of drunken driving, but the incident was knocked down to an infraction.

The District Attorney's Office declined to say before court what sentence it is seeking. The judge will also factor in the defense's request, as well as an advisory sentencing report by the probation department.

Smith also could be facing discipline from the NFL for his off-field incidents. He's allowed to report to training camp when 49ers report Wednesday.

In mid-April, Smith was arrested on suspicion of making a false bomb threat at Los Angeles airport. But prosecutors declined to charge him.

Smith, 24, has kept a positive profile in public lately. He's done community work with the Boys & Girls Club, headlined a charity basketball game between 49ers and Raiders (he only played in the final minute) and he attended Saturday's flag-football game at Candlestick between former 49ers and other NFL legends.

Contact Tracey Kaplan at 408-278-3482. Follow her at http://ift.tt/K4rroB.