Do I need an attorney for a simple battery charge?
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Do I need an attorney for a simple battery charge?
My husband and I got into a minor altercation after a night of drinking and I slapped him. I was arrested (I called the police because I was afraid he was about to hit me back). I was charged with simple battery (I did tell the cop that I slapped him). Do I need an attorney to fight this at court? My husband never wanted me arrested and is not going to testify against me.
Asked on December 19, 2010 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Since this is a criminal matter, with possible jail time attached, you really should have an attorney represent you. Perhaps they can get the charge dismissed or reduced. Also, if this is a first-offense, you may be eligible for an alternative sentencing program which could leave you with a clean criminal record.
You should be aware that whether or not to drop the charge rests with the state and not with the complainant (the alleged victim). What that means for you is that, the case may be prosecuted over your huaband's objection. While the states case would be stronger with his testimony, if there is other evidence to support the charge the case may still go forward.
As for your husband not wanting to testify against you, if he is subpoenaed he must take the stand or be subject to incarceration for contempt of court (however, he might then be able to "plead the 5th"; your attorney can explain all of this further). Additionally, an experienced attorney may be able to use the fact that he does not want to cooperate to obtain a favorable result for you. Skilled legal counsel may be able to talk the prosecutor into dismissing the charges. However, you should know that prosecutors can be unwilling to simply drop these types of cases because they do not want offenders to think that that if they can intimidate a victim they can get away with what they have done.
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