Legal Question in Criminal Law in Georgia

Re: Simple Assault Case

September of 2003, my fiance and I got into an argument outside, I came into the apt. locked the door and jammed it with an iron pole so he couldn't get in because I was so angry with him. To make a long story short, he realized I not only locked him out but restrained him from actually comming in the apt, so He kicked in the front door, we ended up fussing some more, he called the cops for protection for himself ( becasue He thought I was going to call the cops) The cops came and took him to jail under simple assault charges, a couple of days later he was released on bond that I paid for. When he went to court the judge said that he was to have no physical/violent contact with me, prior to this I moved out and ended up going by his apt to retrieve some of my belongings, he then wanted to make ammends with me, but I was so shooken up by what the advocate had already told me about him ( she said,'' He's a Dangerous Man'' and that I should take out a restraining order out and so forth.) When I went to get my belongings I envisioned him about to pull a butcher knife out on me, Now the solitors what him to do 6 mo in jail, and

probation. Should he plea bargain or go for a bench trial.

Because he wants no jail time.


Asked on 5/05/04, 7:04 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Re: Simple Assault Case

I am really not clear regarding your relationship with this man. I am not clear who you are blaming for your feelings about him. I am really unclear if he is still your fiance. This said, the problem is his regarding what to do about the charges.

In some jurisdictions, he could get evaluation and counseling and have the charges dismissed if he completed all the recommendations. Breaking down the door may pose a problem to this type solution, but in any case I think he needs representation, particularly if they are recommending jail time.

Too little detail to give you a good answer, I am sorry to say.

Good luck, but you be careful.

Jim Hough

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Answered on 5/06/04, 9:20 am


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