ExpertLaw Forum - Help With Your Legal Questions
Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

Reply
 
Thread Tools Display Modes
  #1  
Old 03-04-2009, 11:29 AM
pearl777 pearl777 is offline
Junior Member
 
Join Date: Mar 2009
Posts: 1
Default Aggravated Battery
My question involves criminal law for the state of: Georgia. I have been charged with agg battery against my husband. i was defending myself. i spent 14 days in jail and was bonded out. my husband suffered a minor concussion ( i hit him with a hammer) i have no prior record. he doesnt want to press charges what can i do and what can he do to get this dropped? i have an arraingment on march 31.
Reply With Quote
  #2  
Old 03-04-2009, 11:59 AM
aardvarc aardvarc is offline
Senior Member
 
Join Date: Oct 2007
Posts: 2,237
Default Re: Agg Battery
What you can do is find an experienced criminal defense attorney, or, if you think you qualify, ask for a public defender to represent you. If considering hiring private counsel, look for someone with experience in such cases in your local courts.

What HE can do at this point is very little. Contrary to popular belief, domestic violence cases aren't dependent on a victim "pressing charges". The majority of such victims, for various reasons, try to intervene, but most are unsuccessful. As in most crimes, the STATE brings charges against someone that they have reason to believe committed a crime. Your husband at this point, as far as the court is concerned, is only a witness. Considering that actual injuries occurred in this case, the prosecution is VERY unlikely to consider any dropping of charges, although your defense attorney might be able to get some wiggle room to plead to a lower charge, particularly if hubby approves (but keep in mind that the prosecution is in NO WAY bound to take hubby's wishes into consideration - they prosecute crimes on behalf of ALL members of society, not just the victim of the particular incident).

Where the case goes from here will depend on what happens at arraignment; whether you plead guilty or not guilty, etc. Your attorney will be aware of any possible programs that might be available such as anger management, domestic violence counseling, or drug/alcohol programs, that the court MIGHT consider in lieu of pursing the case - but ultimately it will come down to what strength the prosecution feels about it's case, and how willing the prosecutor is on the given day to compromise.
__________________
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org

#1 lesson: The only person who can give YOU legal advice is YOUR attorney
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Joint Custody After Aggravated Battery Child Custody and Visitation 01-27-2009 07:10 PM
Aggravated Domestic Battery In Illinois Assault, Battery And Domestic Violence 05-25-2008 05:18 AM
Aggravated Battery, Hate Crime Assault, Battery And Domestic Violence 04-17-2008 09:28 PM
Aggravated Battery Assault, Battery And Domestic Violence 07-20-2007 01:52 AM
Aggravated Kidnapping and Sexual Battery Kidnapping and Unlawful Detention 11-07-2006 04:49 AM



All times are GMT -7. The time now is 10:55 PM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved