Dustin Diamond's Attorney Says He Is Trying to Grasp 'New Reality' After Jail Sentence

The former Saved By the Bell star's attorney tells PEOPLE that Diamond is grateful he was acquitted of the most serious felony

dustin diamond
Photo: Jeffrey Phelps/Getty

It’s been a sobering couple of days for former Saved By the Bell star Dustin Diamond.

On Thursday, the stand-up comedian, who in May was convicted of carrying a concealed weapon and disorderly conduct during a barroom brawl in which a man was stabbed, was sentenced by Ozaukee County, Wisconsin, judge Paul Malloy to four months in jail with daily work release.

“It’ll be a total of 120 overnights,” Diamond’s attorney Thomas Alberti tells PEOPLE. “He has to report on Sunday at 6:30pm, and then he’ll be out Monday morning to pursue work, and then he’ll report back.”

Albert says that though it’s not the best-case scenario, Diamond is lucky.

“He was acquitted of the most serious allegation, the felony, and that was a huge win,” he says. “The judge could have said straight time, no work release, but that didn’t happen.”

Diamond was also sentenced to 15 months probation and restitution and was directed to maintain “absolute sobriety, no contact with the victim and not to enter the Grand Avenue Saloon,” a court clerk tells PEOPLE.

“I’ve got to say I’m really proud of him,” Alberti says. “He gets it. I think he did the best that he could in the moment that he had to make the decision, but he certainly understands that you don’t want to send the message to society that it should be the Wild West in a bar scene.”

Now Diamond is preparing to serve his time at the jail located roughly a mile from his home.

“He’s not happy about it, he’s not skipping in the streets,” Alberti says. “Today he’s trying to settle into understanding that this is his new reality for the next 120 days. But in the next couple of days, I think he may realize that it’s not as terrible as it may seem.”

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