Assault & Battery what could happen to him?

[xomybeautifulon]

so over a year ago, my husband and i were at a bar listening to some music, on the way out to the car, which was park across the street, we got into an arguement, if that's what you call it. I was trying to drive home b/c he had been drinking, and he grabbed me to get the keys from me, b/c he never can admit he's drunk. Next thing I know, these police come running over and tackle him, and got him in the car. They didn't even say why they were arresting him, and he was going, hey get your hands off me, I didn't do anything, what are you arresting me for. Then they came over to me saying they're arresting him for hitting me, which he did not do. I told them he didn't hit me, and I wasn't harmed at all, and they took him in anyway. So he got 3 charges, cdv, public drunk and resisting arrest. We have a lawyer, but I'm still scared, I'm supposed to testify for him, and since then we've gotten married and had a baby, he's a great husband and wonderful father. What could happen, he's totally innocent, except for being drunk! I live in SC, if that makes a difference, they said that's the law here, if someone is seen fighting, someone has to be taken in, but the truth is we weren't even fighting physically.

 

[CdwJava]

He "grabbed" you ... to the officers, that act - combined with the argument - likely appeared to be battery. A "grab" is the same as a punch when it comes to battery.

Hopefully he has stopped drinking since then ... I doubt that is the case, but I hope so. If you have to fight to get the keys from him every time he's too impaired to drive, he puts you and your child at risk.

- Carl

 

[xomybeautifulon]

thanks.

thank you carl for your reply. My husband doesn't drink excessively like that anymore, and hasn't since the day he woke up in jail and didn't have a clue why he was there. The grab wasn't like he was trying to assault me, but if that's the way they see it, I guess I can't do anything about it or can i? It was just to stop me from walking ahead of him. Anyway, my question is what would be his punishment? In the case that they don't believe me, what could happen?

 

[CdwJava]

The grab wasn't like he was trying to assault me, but if that's the way they see it, I guess I can't do anything about it or can i?

You can testify in court as to the truth of the matter.

It was just to stop me from walking ahead of him.

Apparently, the "grab" was of sufficient force to give the officers reason to believe it was assault and battery as opposed to a gentle, "let me go first" thing. Combined with what I imagine was loud and offensive yelling, I can understand they the officers decided he might need attention.

Anyway, my question is what would be his punishment? In the case that they don't believe me, what could happen?

That depends on the specific code sections he is charged with.

- Carl

 

[xomybeautifulon]

ok.

thanks again carl for your help. i just hope and pray they'll believe what i say is the truth. My husband doesn't deserve to be locked up. I mean I know a woman whose husband burned her up and didn't get the sentence she thought he would get for it, and she testified against him. They just don't belong in the same place. Anyway, thank you again for your reply. I wish I knew the exact codes, I keep asking his lawyer the same questions, but he kind of avoids the question and says he'll probably just get charged for drunk in public which is a fine, I just wish I knew what would be the maximum sentence in the case that the judge takes the officers side.