My house had a couple of attempted break ins in the past weeks. During this time period, my husband suffered from severe post traumatic stress and sleep deprivation. He had not slept in almost three weeks. During this time, he started to experience visual and auditory hallucinations and became delusional convinced that intruders were everywhere. One night when I was attempting to keep him from leaving, he had laid his hands on me and we had him arrested with the charge of simple battery - provoked. We did this because we wanted him to stay put while we filed a 1013 form to have him involuntarily committed. The nurse at the jail filled out the form for me. He is at a psychiatric institute and they put him on anti psychotics. The doctors say he's responding very well to the treatment and he may be allowed to leave within a matter of days and we're looking into getting him follow up treatment. I'm worried about what will happen in court when we go and hope that he doesn't get any jail time.
Burglary or attempted burglary typically results in jail or prison time. However, there are certainly some mitigating circumstances here. Formulate a game plan with an experienced criminal defense lawyer.
Hire an attorney for this matter. Probation and anger management should be options. Jail is not the norm, probation is.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
If I understand your question correctly, he's only charged with simple battery. If this is his first offense, it's not a charge that would typically earn jail time. It also sounds as if he has a good defense. An attorney can help you gather the documentation you need and talk to the court about the special circumstances of the case. If warranted, an attorney could also speak with his doctors and see if there is an argument that he wasn't criminally liable due to his mental state.
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