Following a domestic altercation, pointing a loaded rifle at me and my son, my husband was arrested and charged with brandishing/possession/transportation of a fire arm while being a convicted felon.
He was indicted by the grand jury and I received a subpoena to testify against him. The commonwealth attorney told me that this was a mandatory 5 year sentence in a state prison.
At his trial he pleaded guilty and the judge sentenced him to 5 years, then suspended them, gave him 1 year supervised probation and court costs.
What could he have pleaded to get out of a mandatory sentence? Due to the threats to me and my children, the commonwealth attorney assured me he would go to prison, he didn't. I requested a protection order and the magistrate told me that it would only send him into rage and he would do more harm. Since his trial he has already left the state 2 times for weekend trips. Can he do that on probation without notifying his probation officer? She knew nothing about him leaving the state.
I do know that he is living in a new home with his girlfriend and her 2 young children, he admitted that in court, and she has several rifles, shotguns and handguns. We are not divorced yet and he was informed in court by the judge that he admitted to adultery. He also refused to pay child/spousal support.
Any guidance, information or advice would be greatly appreciated.
Thank you.