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Aggravated Battery Against a Spouse

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  • 03-04-2009, 10:29 AM
    pearl777
    Aggravated Battery Against a Spouse
    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.
  • 03-04-2009, 10:59 AM
    aardvarc
    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.
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