• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Simple Battery

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Habaz

Junior Member
What is the name of your state (only U.S. law)? Georgia

My wife is charged with simple battery in XXXXXXXXXX, GA after shoving a guy several times when she found out he had sex with a friend's daughter in our house. She admits she was wrong. She was a victim of assault as a child and this played a great part in her losing control that night.

I was unemployed the past 5 months but am now working in a job that disqualifies us for public defense. The one lawyer she has consulted with wants to charge her $2000 to defend her. We are considering not using a lawyer and trying to mitigate her punishment on our own.

I have spent a few hours reading legal websites and advice forums and am looking for any additional pointers that may help her out. Here is what we've come up with so far, this is mostly in our priority order:

What is the better option: no contest plea to a simple battery charge OR a guilty plea to disorderly conduct or public affray charge?

Is there a possibility of serving the sentence without jail time (entire sentence served on probation)?

Is there a possiblity of a deferred sentence (charges dropped after completing the sentence)?

Will agreeing to (and showing proof of) attending anger management/sexual abuse counseling help reduce the sentence and/or dropping the charges?

Will this being a first time offense help lessen the charges?

How to avoid paying restitution to the "victim"?

Can she volunteer for community service to reduce the sentence?
 
Last edited by a moderator:


TigerD

Senior Member
What is the name of your state (only U.S. law)? Georgia

My wife is charged with simple battery in XXXXXXXXX, GA after shoving a guy several times when she found out he had sex with a friend's daughter in our house. She admits she was wrong. She was a victim of assault as a child and this played a great part in her losing control that night.

I was unemployed the past 5 months but am now working in a job that disqualifies us for public defense. The one lawyer she has consulted with wants to charge her $2000 to defend her. We are considering not using a lawyer and trying to mitigate her punishment on our own.

I have spent a few hours reading legal websites and advice forums and am looking for any additional pointers that may help her out. Here is what we've come up with so far, this is mostly in our priority order:

What is the better option: no contest plea to a simple battery charge OR a guilty plea to disorderly conduct or public affray charge?

Is there a possibility of serving the sentence without jail time (entire sentence served on probation)?

Is there a possiblity of a deferred sentence (charges dropped after completing the sentence)?

Will agreeing to (and showing proof of) attending anger management/sexual abuse counseling help reduce the sentence and/or dropping the charges?

Will this being a first time offense help lessen the charges?

How to avoid paying restitution to the "victim"?

Can she volunteer for community service to reduce the sentence?
1. "We" -- as in you -- don't come up with anything. The choice to take a plea or go to trial is her and hers alone.
2. Everything else is a factor of the evidence and she should discuss it with her attorney.
3. If she doesn't hire an attorney she is a damn fool.
4. There are lots of possibilities regarding what could be done. If she is pro se or listening to you, there are very few possibilities.
5. The only way you can help is to assist her in paying for an attorney.

DC
 
Last edited by a moderator:

Habaz

Junior Member
I don't know where the dang original post went. But thanks ever so much for the kind reply. Appreciate calling my wife a fool. And she's considering representing herself because that was one of the suggestions given to her during the consultation. WE are working on this because she asked me for help. Another website said the defense and prosecution could come up with an agreement before the hearing and present this to the judge. So we came up with a list of things she could bring to a defense attorney or possibly to the prosecutor to work out a plea.
 

Proserpina

Senior Member
I don't know where the dang original post went. But thanks ever so much for the kind reply. Appreciate calling my wife a fool. And she's considering representing herself because that was one of the suggestions given to her during the consultation. WE are working on this because she asked me for help. Another website said the defense and prosecution could come up with an agreement before the hearing and present this to the judge. So we came up with a list of things she could bring to a defense attorney or possibly to the prosecutor to work out a plea.

Given that many posters here also "cross-post" in other forums, I don't see the answer being any different from what you were told here.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top