Asked in Criminal Law for Georgia

Q: If a person is going to court for the second time for simple battery in a year is it likely they will do time

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1 Lawyer Answer
James Thomas
James Thomas
  • Criminal Law Lawyer
  • Spartanburg, SC
  • Licensed in Georgia

A: Maybe, maybe not. Sentencing is up to the judge. There's a good chance the first simple battery will factor into the judge's decision and/or the State's recommendation, and whether that amounts to a jail sentence will probably depend on the facts of both cases. If they're on probation for the first simple battery when they allegedly committed the second one, that certainly doesn't look good. They should walk into court with a lawyer rather than on their own.

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