Felony Domestic Violence (Aggravated)

In Tennessee

Husband was drinking, and couple was arguing, husband grabbed wife in headlock and they started falling. Wife put her arm out to break the fall, she landed first then he fell on top of her causing a fracture of her left forearm. It broke both bones in her lower forearm, she had to have surgery where they put plates and screws in her are.

Wife's daughter came out of her room as they fell. The daughter called 911 and told them husband was drunk and they were arguing and that he broke her arm, ambulance was sent out. Husband had left the home before the police/ambulance arrived. Daughter gave police statement of the fight, claiming husband broke wife's arm.

Police never got a statement from the wife. Police had been called out numerous times for husband being drunk and combative, multiple reports taken. Husband had plead guilty to a DV charge against wife back in 05 0r 06, husband has history of alcohol and anger problems (dui's, driving on suspended license etc). Husband had a pending case when this occured for a 4th offense dui and 5th offense driving with no licence. Husband had a deal on the table with the DA to do 28 days in jail and 28 days in a drug/alcohol program, set up through his attorney. Unfortunately for him, when he went to court to accept the deal, this new Felony Domestic Assault charge had hit the docket, and the DA set husband up with a new court date and has now decided to combine the cases and try them together.

What do you think he will be looking at in terms of jail time?

Is there a possibility that the felony charge could be dropped to a misdemeanor?

Thanks, any info would be appreciated.

You never know but regardless there gonna want him to spend time in jail,most likely more then 28 days. He should ask his lawyer but I would think the da wants the felony to stick because of his past history. He appears to have atleast one-two or more felonies from dwi convictions.