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My son was charged with aggravated battery and cruelty to…

My son was charged...

My son was charged with aggravated battery and cruelty to children in 3rd degree the public defender is offering a misdemeanor charge and 1 year to serve in jail no weapons were used nothing broken should be take the deal

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Ga

Lawyer's Assistant: Have you talked to a lawyer yet?

No he has a public defender his in jail

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It was his girlfriend he hit in an argument

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Answered in 52 minutes by:
11/18/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,919
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as it may take a little time to compose and type a reply. I'll be working on it now.

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What distinguishes an aggravated battery from a simple battery is the seriousness of the injuries. An aggravated battery is a felony charge in Georgia which has a maximum possible penalty of 20 years in prison.

For purposes of a disposition, the prosecutor has told your son's lawyer that he would offer him a misdemeanor plea, provided he serves a year in jail. Once an indictment gets voted by a grand jury, any offer from there would be a felony rather than a misdemeanor offer. So the DA is probably exerting some pressure on the public defender who, in turn is exerting pressure on your son to consider this deal.

I can't tell you whether your son ought to take the deal or not. But I can tell you what he should be thinking about/asking his lawyer about in order to help him decide:

-- Is the state really planning on voting an indictment? Is the wife really interested enough in prosecuting to testify against her husband before the grand jury or is the prosecutor going to have difficulty getting her to cooperate. If the latter, this case will be reduced to a misdemeanor eventually anyway, and your son may be able to get a better deal than a year in jail. If the former, then he needs to ask. . .

-- What kind of a trial case does he have? If he turns down the deal and has to go to trial on a felony, is it one that he can win? That's going to depend upon the facts and circumstances of the case and is something he'd have to discuss with his lawyer, because by going to trial, his risk of exposure can be as much as 20 years of prison. If his lawyer thinks a trial would not be a good idea, then your son is going to want to know. . .

--- How long does he have to make his decision before the DA will seek the indictment? Is there time for him to bargain for less jail time or for intensive supervision with house arrest?

Finally, is there any way that the family can post bond? Offers tend to be more generous when the defendant is at liberty.

Hope this gives you some direction.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,919
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
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Customer reply replied 7 months ago
it does, his girlfriend is signing an affidavit in my son's behalf
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Will call you shortly.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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