The maximum sentence on aggravated assualt is 5 years imprisonment. What your husband will be sentenced to depends on many factors. You should consult with a local attorney because the attorney who has been apprised of all facts and circumstances of the offense, your wishes, and your husband's background will be able to give you a good idea of what your husband is looking at. Additionally, the attorney may be able to explore defenses that your husband may not be aware of. There may be lesser offenses that could be negotiated based on the facts.
Up to five years and up to a $5000 fine. If a firearm was used, there is a three year mandatory minimum. If he has significant priors the State may try and enhance penalties as a habitual offender.
James Regan, LL.M, Esq.
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Have you spoken to the prosecutor about your wishes? To prove assualt, the state has to prove that the defendant threatened to hurt you, you were in fear of being hurt, that the defendant had the present ability to hurt you, and that your fear was well founded. So, a person saying "i'm going to stab you to death", but the person is holding a flower, would not be provable assualt even if you were afraid he was going to stab you since the person did not have the present ability to carry out the threat and the fear was not well founded.
If you do not wish to prosecute, you should talk to your husband's attorney to fill out a declination of prosecution, and you shold also make your desire known to the prosecutor. They may agree to allow him to plea to a lesser charge, such as misdemeanor assault, and give him probation.
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