my husband is being charged with this. He did not attack me or put the weapon anywhere near my body. It was a knife. he did not point it near my body or use it. i do not wish to prosecute but the state has picked it up. what sentence is he looking at? He does have a prior on domestic abuse with his previous relationship.
Criminal Defense Attorney
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.
Violent Crime Lawyer
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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Criminal Defense Attorney
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.
Responses should not be relied upon for legal decision making. One should contact a lawyer and establish an attorney-client privilege to rely on legal advice. Any communication here is NOT considered attorney-client privilege and is not confidential.