I am being charge for battery on my husband lover and battery fva on my husband what are my chances

Asked 12 months ago - Oakwood, GA

Husband . cheating found in hotel im 6 months prego their charging me with battery fva and battery on her swollen lip only and knots of hair were pulling and husband just bite in hand what are my chances

Attorney answers (4)

  1. John Arnold Steakley

    Contributor Level 18

    1

    Lawyer agrees

    Answered . What are you chances . . . of what?

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  2. Robert M. Gardner Jr.

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Much will depend on where the case is pending. In some jurisdictions an attorney can get these types of charges dropped if you go to counseling. In others, prosecutors will never drop family violence cases under any circumstances, but will seek probation, fines, and counseling instead. Find an attorney familiar with the court where your case is pending to get a clear idea as to your options. You also need to find a divorce attorney.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  3. Emily Su-Hwa Yu

    Contributor Level 14

    Answered . Your question is very confusing. I am unclear as to whether you are saying your husband was the one who pulled out her hair and bit her??

    If you are asking as to your chances of being found guilty and receiving some sort of punishment, this depends on a variety of factors such as your criminal history, the severity of the injuries, witnesses, other evidence, etc. You should speak with and retain a criminal defense attorney ASAP.

  4. Allen Rust Knox

    Contributor Level 16

    Answered . I'm assuming you are asking what are your chances of winning at jury trial. First of all, cheating is not a defense to these charges. In murder cases, catching your spouse cheating can be grounds for reducing the charge to Voluntary Manslaughter, but it still leads to a conviction. For anything less, cheating is only a mitigating circumstance for sentencing. Moreover, in this case, it is unlikely that you have any sort of self-defense claim. It appears that you were the aggressor, not them. It is very understandable why you were the aggressor, but that does not lead to a legal defense on these charges. If anything, your defense will either come from asking the court to charge lesser included offenses or from arguing that the victims did not suffer the degree of injury required for a battery conviction. That combined with the fact that they were cheating may convince a jury to find you not guilty. There may also be other defenses based on the evidence. For instance, if the police did not take photographs of the alleged injuries, which they sometimes do not, one could argue that there is insufficient evidence for the jury to make an independent judgment concerning the severity of the alleged injuries. However, to tactfully make these arguments (and avoid alienating the jury), you need an attorney representing you in this case.

    There may also be other options available to you short of a jury trial. You may be eligible for a diversion program or other alternative to serving a sentence on these charges. There are more possibilities as well. What you need to do now is retain an attorney to represent you on these charges.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

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