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

Austin, TX |

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? :/

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Attorney answers 2


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 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.

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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.