Q: How likely is the defendant to get Probation?
My son's father stabbed my multiple times two years ago he has four felony charges and one misdemeanor from the incident. But he has a clean record. The case has been moving slow as they only told me about one plea deal. Which was given at his arraignment trial. He has been out on bond for about 2 years now. And the only thing we've had was jury call. He still hasn't told them how he was pleading. Im just curious as to how this would play out. Will he just get probation since its his first offense or will he be serving time? It was pretty serious crime very gruesome. But I feel since its his first time he will get off scotch free. Is there some insight on how it may go? He doesnt have to show up for calendar call at all so is that good on his part?
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- Georgia
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A:
In order to completely answer this question, I would need to know exactly what the charges are. However, I can tell you that there are mandatory minimum terms of incarceration for certain types of aggravated assault. That means , he would not be eligible for probation if convicted.
For example if he were convicted for violating O.C.G.A. 16-5-21(c)(3)(I), where the “offense is committed between parents of the same child”, then the punishment shall be no less than 3, but no more than 20 years incarceration.
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