Domestic Violence & Civil Orders can my son be charged with aggravated domestic battery

[angeliaaju37]

My son is in jail and he is charged with aggravated domestic battery. They are trying to sentence him between 3 to 14 years for his first aggravated battery charge. Can they do that when he was drunk and dont even remember what he did? He is akready a felon but not for the same kind of offense. His girlfriend wants to drop the charges and said she is not going to court to testify. If she doesnt go when he goes to court could the court drop the charges against him. Could they drop the agg in court and give him probation due to the fact he was intoxicated and blacked out and dont remember what happened? Thank you foryour time awnsering my questions.

 

[mightymoose]

His being drunk is not a defense.
If the girlfriend fails to appear for her subpoena she will likely be arrested. She will likely testify rather than spend time in jail.
Your son's best option is likely to work out a plea deal with the prosecutor.

 

[KatDini]

So, OP either has two sons who can't behave, or one who likes meth and to abuse women.
http://www.thelaw.com/forums/showthread.php?t=59785

 

[CdwJava]

My son is in jail and he is charged with aggravated domestic battery.

That's bad.

They are trying to sentence him between 3 to 14 years for his first aggravated battery charge.

That's pretty serious ... musta been a heckuva a drubbing!

The standard term is between 3 and 7 years (mandatory minimum of 3). The "extended" term has a minimum of 7 and not more than 14. I am not sure what would qualify him for the extended term, but it's likely to do with priors and/or aggravating circumstances such as rape, kidnapping, and/or false imprisonment I imagine.

Can they do that when he was drunk and dont even remember what he did?

Yes. Voluntary inebriation is rarely a defense to the intent required to commit a crime. Not to mention that I doubt the prosecutor or the police actually by the "I don't remember" defense ... but, it wouldn't matter much since it's not a defense, anyway.

He is akready a felon but not for the same kind of offense.

If he has a prior felony, that MIGHT make him eligible for the upper term of the sentence. So, this is not a first offense - simply his first "aggravated domestic violence" conviction. Correct?

His girlfriend wants to drop the charges and said she is not going to court to testify.

That's not her choice. If subpoenaed, she will have to appear or risk going to jail.

If she doesnt go when he goes to court could the court drop the charges against him.

The court could ... more than likely the prosecution would request a arrant for her arrest on contempt charges, and she would be arrested and held (or required to post bail) until the next hearing date.

Could they drop the agg in court and give him probation due to the fact he was intoxicated and blacked out and dont remember what happened?

The DA can choose to plead the case down if he or she wishes.

 

[Betty3]

Your son needs a lawyer or if he cannot afford one, ask the court if they will appoint him a public defender.