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This is his first offense for assault and battery, but not first he has had previous offences for DUI.what will be the outcome

Pearl, MS |

My brother has court Thursday. One night he got really drunk and assaulted his mom that he lives with. She had a bruised cheek and a chipped knee that was the worst of the damage. She called the police and had him arrested. She went to the hospital and they took pictures and recorded her injuries. He is 29 and this is his first assault charge. Im just wondering if he is going to go to jail or possibly be given a big fine.She is not pressing charges. she expects the police or hospital to do it. this is his first offense for assault and battery, but not first he has had previous offences for DUI.

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Attorney answers 3

Posted

It is impossible for any us on here to competently tell you what is going to happen without thoroughly reviewing every aspect of your case. With that being said, the prosecution's case will obviously be affected by your mom's willingness to participate and testify. Be aware that he might also be dealing with probation violations if the DUIs are recent. Your brother needs a good criminal defense attorney with experience with domestic violence. It also sounds as if he may need help dealing with his apparent alcohol problem. Good luck.

Jasen Nielsen

Asker

Posted

Our mom is not testifying at all, she is not even coming to court

Posted

Domestic Violence is a serious charge in Mississippi. If convicted he will lose firearm rights as well. He needs a criminal defense attorney immediately

Asker

Posted

I am just worried about him getting more jail time

Posted

Based on the facts you provided, I would assume your brother is facing a domestic violence charge. Mississippi Code 97-3-7 outlines domestic violence as follows:

Simple Assault
(1)(a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

Aggravated Assault
(2)(a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.

Domestic Violence Simple Assault
(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section against a . . . parent . . . upon conviction; the defendant shall be punished as provided under subsection (1) of this section.

Domestic Violence Aggravated Assault
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, a . . . parent. . . Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years.

I would advise you to contact an attorney immediately to further discuss your options and discuss legal representation.