My brother has been charged with misdemeanor corporal injury on spouse/cohabitant and 2 counts of child abuse and endangerment with an August court date. Our elderly mother asked me what the potential penalties will be, so I'm asking you.
I'm not completely sure of the circumstances. Both he and his girlfriend had been drinking (both are alcoholics and he is also bi-polar). He once again took her phone (to see who she phones and texts) and was leaving her apartment with it. She was trying to get the phone from him. I wouldn't be surprised if she was hitting him. He stepped on the gas with her partially in the car. She was knocked to the ground and suffered considerable injury. I'm not sure how her kids were involved. She doesn't want to testify--they are getting married (I agree-stupid).
It's nice that you're concerned about your brother, but there's nothing "typical" about cases of this nature. Please encourage your brother to obtain an in-person, confidential, consultation with an experienced criminal defense attorney who regularly practices in the courthouse where the case is being handled. You may also want to encourage him to seek alcohol counseling/treatment.
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The technical answer is that each misdemeanor can be punished by a maximum of one year in jail plus probation with various terms of probation. The one year is a maximum not a sure thing. The sentence, however, depends on the specific facts and circumstances of the incident and your brother's criminal history. Only your brother's attorney would know the likely sentence.
The facts of this case are not very clear. Your brother is f acing serious charges and he should consult a criminal defense attorney or ask for a public defender. There are several things he can do that may impact the DA's offer or the judge's offer.
It is impossible to give you a likely sentence. We do not have access to police reports, criminal history, statements of witnesses, medical reports, etc. he needs a lawyer who will have the file and can better advise him.
As some of the other attorney's mentioned, there are a few things your brother can do to get himself in the best position possible for court in August. 1) No more drinking - go to AA/NA, get some treatment, have them sign court cards. 2) Seek treatment for his Bi-polar diagnosis. If he needs medication, be medication compliant. 3) If there is a restraining order in place - DO NOT violate it.
If he's planning on retaining private counsel they would discuss his options more fully with him before the court date, if not, the public defender will help him through the process.
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