In domestic violence
situations and those involving alcohol, the fact that the abused spouse does not want to press charges is irrelevant. They can proceed and press charges against you. The only consideration from the prosecutor will be that the husband will be a tentative witness. Do not take the attitude that you want this "expedited" with your attorney or the court
- a crime was committed, and the last thing you want to do is alienate your attorney and the court with an attitude. I'm not trying to judge, just provide you with the experience of having watched many defendants adopt a "just get this done, I can't believe how long it's taking" attitude which is not helpful and often hurts their case.
Yes. It does take a long time. Yours is one of thousands of cases going through the system. Also, they are probably looking into whether to charge you with aggravation since the battery was on your husband. Under GA Code Section 16-5-23, simple battery is a misdemeanor
. However, Section 16-5-23(f) states:
"(f) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature.
The potentential sentence
for a misdemeanor of a high and aggravated nature is 12 months and a $5,000 fine (GA Code 17-10-4). Compared to a simple misdemeanor (max of 12 months and $1,000 fine with possibility of suspension of fine and time, GA Code 17-10-3), your attorney is working behind the scenes to avoid the imposition of a very harsh sentence.
You are facing a potentially serious sentence. Cooperate in investigation, cooperate with your attorney and make him/her "want" to work for you. Just because your husband wrote something saying he doesn't want to press charges means very, very little. They do not need to drop charges. They can still prosecute you and they will charge you with a "high and aggravated" misdemeanor if they are so inclined. Your job is to be the defendant they do not want to charge. Express willingness to have marital or alcohol counseling, ask your attorney what you can do to help - not demands asking what the attorney is doing, act at all times with an acknowledgement that you want to constructively address the situation. That is the best way to "expedite" the case.