Lithonia, GA asked in Criminal Law and Domestic Violence for Georgia

Q: Chances of Jail Time vs. Probation.

Husband was arrested for aggravated assault/family violence x 4 and Child Cruelty 1st degree x 2 in Georgia. He's 33 and has a small record when it comes to violence. His record was expunged, but i know they can still access those charges. He was arrested for Battery 5 years ago and has a police report from 2021 from destroying our house inside. This last episode he had was pretty severe as he attacked me (his wife) in front of the children. Punches, Biting, Strangulation, and threatening me with a unloaded gun. Left pretty significant bruising and a laceration on the ear. He was drinking that night which is something he usually doesn't do.Drank so much they actually sent him to the hospital for observation before getting sent to jail. As far as evidence, they have the photos of the injuries, the medical report, his bloodied clothing (my blood), and his admission. Guess I'm looking for what consequences he is facing when he is called. Also, he is unemployed.

1 Lawyer Answer
Joshua Schiffer
Joshua Schiffer
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: A lawyer with mitigation experience and an understanding of DV is going to be able to tell that story well, and that is the key to obtaining the best results. He also has defenses regarding you, his wife, that need to be explored as the State is not going to take it easy on anyone with a prior incident and the facts you describe. Ideally a resolution taking into account his struggle with drinking and will allow him to continue providing while receiving a just remedy.

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