Your boyfriend has only one case, though it involves two counts. A non-incarceratory offer to resolve this case, as mentioned above by the previous expert, is a reasonable possibility, unless your fiancee already has a criminal
history and has already had probation before. That offer, if he wanted to take advantage of it, would cover the whole case.
If he turns down an offer and tries the case, he would only get one trial
, at which both his father and his mother would be separate complainants. Once all the evidence came out, he could be found guilty of both counts
, of either count
, or of no counts
. What I'm saying is that even if a jury agreed that he didn't do anything to his dad, they could still convict him of doing something to his mother (or the other way around). In any case, he'd have to be found not guilty of both
assaults in order to win at trial.
Generally speaking, once trial starts, pre-trial offers are off the table. After a conviction on a domestic violence matter, a non-incarceratory sentence
would be very unlikely. So if there is a non-jail offer that wraps up the case, it's something that has to be considered carefully.
He will get a public defender who will advise him of the up and down sides of plea and/or trial before he makes a decision.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.