Skip to main content

My husband was arrested for domestic violence will he get jail time?

Austin, TX |
Filed under: Domestic violence

So I called the cops on my husband for putting his hands around my neck. He does not have a criminal back round. Will he get jail time? Also does it make the situation worse because he was in the military & might have Ptsd? :/

Attorney Answers 2

Posted

Actually if he is diagnosed with PTSD and is a veteran it may make it better. If this is a first offense he may get a probated sentence. If it is filed as a strangulation it is a felony offense. Get him diagnosed by a licensed therapist. Retain a skilled criminal defense attorney and he or she will know what to do. You, as victim, will have some input and impact in what sentence he gets. You have rights as a crime victim. Visit my website at www.kevinmadison.com and hit the tab marked "Crime Victim Rights". My website also has a downloadable "CRIME VICTIM RIGHTS NOTIFICATION LETTER" that you can print and mail to the prosecutor's office.

If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the “good answer” button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

If this is his first offense, and if he is convicted or pleads guilty, it is unlikely he will receive jail time in Travis County. The court and prosecutors are much more interested in most cases that the person receive counseling and that the situation is supervised for a long period of time to make sure that no violence occurs in the future. Any documented diagnosis of PTSD can assist in trying to persuade the prosecutor or the court to mitigate any sentence as well. Occasionally, a deferred prosecution agreement can be negotiated which will result in no conviction of any type, provided a defendant complies with certain conditions and stays out of trouble for 1-2 years following the entry of the agreement.

Mark as helpful

3 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics