defendants start off by pleading not guilty. That's because our system allows them to. Each is innocent until proven guilty beyond a reasonable doubt under US law. So even a defendant who wants to take a plea, starts off not guilty and doesn't change his plea to guilty until he gets an offer from the DA that he likes and a sentence
he's willing to live with.
How long this case can take depends on a number of things. Presently, it's a felony, and I do not know whether you sustained any serious injuries but basically, the uglier the case/more serious the injuries, the more heavily the DA will be about getting a felony conviction. But as a general rule, unless this is not his first DV offense the law allows for probation even on a felony. So getting him home is the easy part. Getting him home without a felony record is another story.
His lawyer will be looking to get this case reduced to a misdemeanor
, even a violation of criminal harassment with a permanent order of protection that the court
can modify to allow him home but not to threaten, annoy or harrass you. The DA will be interested in your thoughts about this and what you want, but it's his/her case now and not yours, so the state doesn't have to prosecute the way you'd most like.
But if you haven't done so yet, you'll be required to sit down and talk to the DA who can assess the gravity of the case and confer with you about how it may be handled. If you don't want him to go to jail, or you don't want to jeopardize his job by having him plead to a felony, you can tell that to the DA. If you'll be happy enough with his pleading to a violation (less than a crime) so long as he can take a batterer's class and learn ow to manage his anger issues and you have a modified order of protection, let the DA know. On the other hand, if he seriously hurt you and you want him to go to jail or to get indicted and serve a five year term of felony probation, you can tell that to the DA also
The ADA does not have to do what you say, but you still are the witness he needs to get a conviction. So, he will listen and consider what you want.
How long will it take? Well, if you and the DA have an offer you are happy with and it is conveyed and your husband is happy with it too, this case can end fairly quickly. On the other hand if your husband and his lawyer think that the offer is unfair and reject it, the case can drag on for months and months. If it's going to trial
, it can drag on for at least a year.
Hope this helps.