I just finished almost a week of jury duty. I was shocked--and disgusted--to learn that, in my state, assault with a deadly weapon is only a misdemeanor! So this guy beats the stew out of his wife with a hammer and gets less than 60 days?! And yes, he has prior convictions. What's wrong with this picture?
No, he said he was going to kill her, but he didn't hit her head or vital organs, she didn't need stitches--just very bruised--and he stopped hitting her and then choked her, still not killing her. Either way, it's sad.
Sounds like a plea bargain...possibly the wife refused to testify. That is not uncommon. If the witness won't testify, or might come off as unreliable on the stand, the lawyers work a deal.
No, I was on the jury. We found him guilty. The victim and defendant both testified, too. The judge said he couldn't do more because it's only a misdemeanor, and the jails are full of drug dealers and murders and child molesters.