Legal Question in Criminal Law in Georgia

Re: Aggravated Assault

The terms of a negotiated plea that is offered by the prosecutor is dependent upon a number of factors. This will of course include the facts of the incident. It will also include the steps taken after the incident to ensure that this type of incident will not be repeated. This can include an evaluation and treatment if needed. As I do not know all of the details of your situation it is difficult to determine if this is a reasonable offer. I assume that the proposed 3 year sentence will be served on probation. However you have asked whether or not the judge will take into consideration the fact that he has 4 children that need to be supported. This leads me to question whether or not all or part of the proposed 3 year sentence is to be served in custody. If that is the case, this may be a harsh penalty given the fact that this is a first offense and no one was injured. Please fell free to contact me directly if you have any further questions.

Re: Aggravated Assault

The nature of the charge against your husband for his acts against your son, suggest there is more to this incident than meets the eye. I would want your husband evaluated for anger and impulse control issues. Not because they are present, but to rule out that possibility. Whatever the result, he should be involved in some form of family therapy to gain insight into interpersonal relationships with "step-children" and to equip him with skills for dealing with the stress and pressure those relationships present.

Probation is in order, and as the boy's mother you will do him no service not to insure your husband is taking the steps necessary to deal with a child in an appropriate manner.

I think the court will consider he has four children to support, but it will also consider the issue of the protection of the children.

Good luck to you and your family.

Jim Hough

770-607-5300