what can happen to you if you get arrested and charged for battery?

Question

me and my husband got into an ARGUMENT last night and got arrested for battery. both of us. we didnt even lay a finger on each other. how can we get out of this? he has a 72 hour restraining order on him and he is in the military. will we just get a fine or will we have to go to jail?

no shat, i know i go to jail, i already did that part. and i know that if we are concicted we go to jail for 5 days. im talking about when we go to court. DUH! WHAT WILL HAPPEN WHEN WE GO TO COURT. I WANNA KNOW FROM SOMEONE WHO KNOWS, NOT FROM SOME SMARTASS

Answer 1

I would recommed that you get a lawyer. As a married couple you can refuse to testify against your spouse. That being the case , the Judge might throw out the case for lack of evidence.
Your husband needs to be careful. As a member of the military, he can be charged by the military for any illegal act. Military "justice" isn't very forgiving.

Answer 2

States vary on this issue. There must have been a reason for the police to be there in the first place. And there had to be some probable cause for a arrest to start with it. If it is a first time, you could look at jail time, a fine, maybe some anger management, and up to 12 months in jail. Again states vary on this issue. And yes, the Military justice system is way different then it is in the real world

Answer 3

first off you said battery, which means illegal beating. therefore there would of had to of been physical contact. you didn't say if you were in your own home or in public and if there were any witnesses. someone called the police for a reason. with domestic disturbances and domestic violence on the rise. the police departments are liable to resolve the crisis. if it means removing/arresting both parties then their required to do so.
you also didn't say if this was the first time this has ever happen. sometimes that is a factor too.
my opinion would be on a first offense, a fine, a slap on the wrist and maybe some required counseling like anger management. if any jail time is issued, to you, it would be in county jail. as for your husband being in the military, i have no idea what he would get.
all and all it really depends on your state's laws and the judge.

Answer 4

The information was far too vague for anyone to provide an accurate guess and it is obviously impossible for anyone to know what one Judge may do on any given day. The laws vary greatly from state to state and you seem to imply the police alleged you were fighting with each other, making the charge Domestic Battery which is far more serious than simple battery. A lot depends on your prior criminal history(if any), if there were other incidents in which the police were required to come to your residence for similar disturbances. If there was truly no physical damage to either person and you were not in a altercation with one another I would guess the charges will most likely be dropped or reduced to a lesser charge such as disturbing the peace or disorderly conduct. Based on the information you provided it is very unlikely it will result in jail time unless one or both persons are on probation or in violation of an order of protection. Again I stress this is my best guess and it is impossible for anyone to tell you what will actually occur in court.

addition: you asked "how can we get out of this" - battery is the an act which requires physical contact with another person, or projecting an object at another person, such as spitting on them or throwing an object at them. The burden of proof is on the State so if you did not do any of these things maintain your innocence, tell the truth and it would be impossible for a preponderance of evidence to prove otherwise.

Answer 5

Just because you got arrested for a particular offense and you are going to court, does not mean that someone or anyone else who has been in the same situation will have the "answer" for you. Court is where a judge or a jury of your peers listens to both sides of the arguement, and renders a verdict. No one knows what will happen to you. The only thing we can tell you is what CAN happen to you, which is you could get probation, fines, and yes, you could possibly go to jail.

Answer 6

A lot of it depends on what state you live in and if there were children in the house when it happened. In my state if the police are called to a domestic disturbance scene and children are present, they have to arrest all adults involved and take the children. You can go to jail, pay a hefty fine, be ordered to parenting and anger management classes or a combination of all three. But, if it were just the two of you and neither of you were harmed, I think a fine would be the most you would get unless it is a repeat offense.

Answer 7

rarely do you go to jail for simple battery. Most likely you will get an anger management class. They just don't have the space for small issues like that. Hey you guys gotta love each other, not be mean.

Answer 8

It all depends on the state laws in your area. So you should look in to that. Then it all depends on how bad this was. How good your attorney is. So he might. My brother just got out of Jail for that. He had one year. So I hope that helps

Answer 9

Did either of you want to press charges on the other? If not, theres not much to charge you two with. Your husbands command might just order him to seek mariage couseling. Did you make a voluntary statement? It really all depends, if you give me some more details i may be able to help you out. were either of you intoxicated, was there a child present etc.

Answer 10

You will more than likly get probation. but as far as your husband goes he will have to go to Captions mass, and that will be worse then the court. the military is very strict. I wish you the both the best of luck.