second degree assault
Recently my husband was charged with second degree assault after being arrested for choking me. What does this mean all I know is I am to show for court as a witness. Is there jail time invovled? And what happens if I don't testify. The police did take pictures and there is a restraining order in place.
1 Answer from Attorneys
Re: second degree assault
Assault 2nd carries a possible 10 year jail sentence. Whether he is realistically serving jail time depends on many factors like his past record and the nature of the alleged crime.
You may not be required to testify, and the State may not be able to prove your husband guilty, but because of the serious nature of this offense, he should hire a lawyer who can analyze all of the possibilities of this case. The judge will be reluctant to proceed before your husband has hired counsel or spoken with the Public Defender. If you have more questions or need more answers, feel free to email me at the address I have provided.
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