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I was arrested and charge a simple battery after my wife called the police. I didn't hit her but her clothes were torn and she

Augusta, GA |

she had some bruises below her breast . i don't know how that came about , but i believe it was during the process of me trying to restrict her from hitting me . this is the first time i have been arrested . during the argument i lost balance and fell on the wall causing a hole on the wall . her brother , 6 foot , 250 pounds , was at home during the is time , but he was sleeping when the police came . we both have two kids together . i am currently unemployed , just graduated May 2012 with accounting degree and i have been a stay at home dad and also looking for job . argument was actually as a result of finance . i am 5 ft 8 inch 180 pounds . My question is can the charges be dropped and what is the best way to go about this ? knowing well that this might affect my chance of getting a job . married yrs

Attorney Answers 4


  1. Best answer

    Domestic violence charges are very serious charges , you should hire a lawyer ASAP. Dropping of charges will be up to the prosecutor , but with the help of a criminal,defense attorney you stand a good chance of getting pre trial diversion anger manage etc with possibility of no record. Also your wife can take the privilege - not be forced to testify . Get a Lawyer!


  2. Dropping the charges will be left up to the Assistant District Attorney (DA) who is handling the case, not your defense attorney, however, if you hire a good Criminal Defense Attorney who handles these types of cases and has a good working relationship with the Prosecution, the chances of getting what you are looking for may be more favorable to you.


  3. Judges in Richmond County, as in many counties, do not "drop" domestic charges easily. With everything you have at stake , you need to hire a lawyer. My firm website is listed below. Either John Manton or Harold Jones can help you with your case. They are both former State Court prosecutors and have handled many of these types of cases.


  4. Domestic violence charges are not handled lightly. Your wife can request that the charges be dropped, but it is ultimately the prosecutor's decision. Moreover, you should not suggest anything to your wife about dropping charges. This could result in you being charged with further crimes for influencing a witness. Moreover, you have been given some incorrect information about spousal privilege. The law has recently changed on spousal privilege. Before the change, a spouse could refuse to testify in a criminal case against another spouse as long as no child was involved in the crime. Now, the law has been changed and a spouse no longer has a testimonial privilege in domestic violence cases. You need to hire an attorney to handle this case for you.

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