My Husband and I got in a public argument and he might be going to jail what can I do to prevent it?

We were both drunk and this car of four guys saw us arguing and they pulled over and one of them punched my husband and then they surrounded him and the same guy punched him again and knocked him unconscious, my husband had to go to the hospital and get stitches and stuff but the police came and took a report about us and he might be going to jail and they told me that it is not up to me whether or not he goes to jail it is up to the district attorney. what can I do to make sure that he doesn't go to jail and that this is not on his permanent record? We have two kids ages 3 and 7 months. Is anything in my power? how long will he have to be in jail if he goes? It will be for domestic violence but I wasn't hurt. Thank you for any information you can give me it is greatly appreciated.
Additional Details
We were both drunk and this car of four guys saw us arguing and they pulled over and one of them punched my husband and then they surrounded him and the same guy punched him again and knocked him unconscious, my husband had to go to the hospital and get stitches and stuff but the police came and took a report about us and he might be going to jail and they told me that it is not up to me whether or not he goes to jail it is up to the district attorney. what can I do to make sure that he doesn't go to jail and that this is not on his permanent record? We have two kids ages 3 and 7 months. Is anything in my power? how long will he have to be in jail if he goes? It will be for domestic violence but I wasn't hurt. Thank you for any information you can give me it is greatly appreciated.
In response to a couple of questions he was grabbing my wrists but he never hit me and i was yelling

jimmi_dean1

obviously those guys saw more than the two of you 'arguing' or is your definition of 'arguing' - him beating the h*** out of you...if so then those guys are heroes and you need to wake up and get out of that relationship before he hurts your kids...there are plenty of womens shelters that will help you...oh and by the way - you need counselling...don't be a doormat..or you'll end up another statistic (dead)...oh and but the way who was looking after your poor children while you were both out getting liquored up...

Amanda C

i dont understad why he is facing jail time. you said that you guys were arguing and some nuts jumped out of a car and hit him. did they do that because they saw him hit you?

DooWopKid

It is obvious that theres more to this story than meets the eye.
You two are to be ashamed of yourselves to be publicly intoxicated, arguing & fighting in the streets with 2 babies at home. I wonder how you guyz act at home with the children when you're both drunk. Maybe you both will learn a lesson this time or better yet, maybe your husband will be mandated to rehab.

ecleeze

Did he hit you? Because if he did he will be charged. That is the law in Pa anyway. There is nothing you can do to stop it. However you do not have to testify. But if the guy that opened a can of Whoop @$$ on him saw him hit you he could testify about it.

LostVega$

Pray and tell the truth in court.
You should be fine, if this story is true.

Mabin

If you don't testify against him and the guy who assaulted him is no where to be found, then he probably won't get any jail time.

The DA could charge you both with:

Public Intoxication
Disturbing the Peace
Assault

And the guys that attacked him with:

Assault

As for the assault charge, it's possible to serve up to 5-10 years in the state of Virginia.

Of course this is the written law, the judge may at his discretion do anything below this.

Mr. Goodkat

You need to testify of course. It sounds to me like you and your husband were having an argument and he was assaulted.

Cookie

You are missing some really important information. Guys don't just jump out of cars and start whacking someone becaue they heard an argument.
So what really happened?
Hard to give a good answer when you aren't giving all the information.
If the guy punched him and he was unconscious why did that guy not go to jail?
If your husband isn't in jail now, the chances of him going are a lot slimmer than if they had arrested him and taken him to jail.
Someone should be pressing charges against the guy who hit him.

James Watkin

You can't do anything. It is out of your hands. And quite frankly you should be more worried about what effect this has on your kids than him. And you can pretend all you want but we all know this is not the first time and will not be the last.

May God help your kids. Because if you have a daughter she will grow up and marry and abuser and if you have a son he will grow up to be an abuser unless you make it clear now that this is not okay and put him out. And even thought they are young, they see and hear more than you realize.

And if you two cannot handle your alcohol, you both should not be drinking. You are parents now, the time for partying was when you weren't.

He will be prosecuted because there are witnesses and the state is pressing charges. And the state can even have CPS investigate the home situation if they are aware that he is returning to a home with children in it. So tread lightly and be respectful of the courts and whoever you speak to about this or you may end up alone with him and no kids.

.:. LoLa .:.

why did the guy hit him??

DIANE V

He's not going to jail, in fact, the guy that assaulted him should be charged, unless your husband provoked him and being drunk and already fired up from your fight, he probably did. The Police knew you were drunk and fighting in a car, but because you were not driving, could not arrest him on a DUI, so, they used the domestic violence charge because they knew if this fight hadn't occurred, you would have been driving drunk. Lets face it, you have two kids, your both drunk and publicly fighting (and I bet this is not the first time), don't you think this reflects irresponsibility on both your parts? I'd be more worried about what's going on in your lives at this point and hopefully let this be a hard lesson learned.

nicemommy

omg all i would be doing is praying and asking the almighty God for help. This story doesnt sound right i mean hes arguing with you and they just come up to him and punch him out and the other people arent the ones in trouble??

Carl P

you are missing too much information for a valid answer.

Why did they hit your husband? Not just for a arguement of course. There must have been a threat implied.

What State? every state has it's own laws and proceedures.

Where either of you charged with D & D in public?

From what little you really told us, you can sue the guy that hit your husband for everything he owns. Your Husband can go to jail or be fined or less for Public D & D and attempted assult or battery. Possibly uttering.

If given a option tell the DA that you will not pursue charging the guy who hit your husband if he drops the whole thing as a misunderstanding. Maybe the DA will make a deal.

Madi

wow I'm really sorry about this.. there isn't a ton you can do, but I'm guessing you can testify at his court date and say that you were just arguing like any married couple, and that some guy came over and hit your husband. I honestly don't believe that he'll get sent to jail for this.

Austin H

all you guys did was argue and at worst im not basing this off of anything but id say maybe a week in jail at most besides it would have to go to court and you can testfy under his defence

likesfemalefeet

This is tough..but in order to even try to prevent your husband from going to jail..you are going to have to accept half of the blame, and maybe the suggestion of some type of counselling sessions will be arranged by the Judge.

becca

Just don't show up for court......if they don't have a witness then they can't do too much. You guys are married they cannot force you to testify against your own husband.

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