How to Get Simple Battery Charge Dismissed

My question involves criminal law for the state of: Georgia

I am 31 was pregnant and me and my husband were arguing and it got out of hand..he threw my bread in the trash and i threw his milk and he slapped my face. I wanted to be alone and hr kept following me so i went outside and called my mom cus i was upset and she said to call the cops so i did..they came and brought the ambulance with them. I told them i was fine it was just a small hit and i told them i didn't want any charges or him in jail..but they said it wasn't my call..i totally regret calling them customers i was just hormonal and was yelling and his smack was a reflex..i know hitting is wrong but it was truly an accident. He went to jail and got out next day on bail and is charged with simple battery family violence section 16-5-23. .. He has never been in trouble before and we r both still in college and he can't have jail time because i need him for the pregnancy..can't be alone..i wanna know if they would dismiss the charge if i explain i don't want it and it was accident and would rather go for anger class or something. He can't have a conviction or he will be deported. What should he plea and would it help if i choose spousal privileges so they have no proof or case.

The fact that you are pregnant almost guarantees that the state isn't going to drop the charge. You might decide that it's ok for YOU to be abused, but the court isn't going to allow you to choose to allow violence against your child. The court also doesn't care that you are financially dependent on him - that's the case in a HUGE proportion of domestic violence cases, and financial dependency is among the chief reasons that people stay in abusive relationships. His hitting of you wasn't an accident, it's just easier for you to not deal with the fact that he CHOSE to take the action of slapping you by making excuses for him. This wasn't an accident. He needs to be speaking to a criminal defense attorney and taking whatever action his attorney advises. About all you can do for him is find and hire the best criminal defense attorney you can afford. Beyond that, the state is well experienced at making cases without cooperation of a dependent witness. You should also be aware that now that there has been a domestic violence incident on record, that if any FUTURE incidents occur, you're at risk for having the state take custody of your child (Google the term "failure to protect".) With this in mind, you REALLY should be speaking to a local domestic violence program to learn and recognize the dynamics within your relationship that led to this, lest they occur again.

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would it help if i choose spousal privileges so they have no proof or case.

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Georgia used (past tense) to extend spousal privilege to DV cases, but that is no longer the case. You will not be able to claim spousal privilege since the crime was against you.

It's the nature of DV cases that victims want immediate intervention when the incident is occurring, but don't want there to be consequences beyond that. Problem is that without consequences, tendency is for similar incidents to recur or escalate. Prosecutors are well aware of this dynamic and are experts at making their cases with reluctant witnesses. There's LOTS of other "evidence" beyond putting the victim on the stand and grilling them. Everything from the 911 call to the testimony of the responding officers, what they saw, what they were told, etc.

Same advice applies. HE needs an attorney, YOU need to get a clear picture of your situation being one where you're financially dependent on someone willing to hit you. That's a BAD dynamic for yourself AND your child.