
On March 30, 2026, a Canton man was convicted in a violent domestic attack that prosecutors say left his partner unconscious after she tried to leave him. A jury found Desmond Marquis Herbin guilty of false imprisonment, family violence battery, third-degree cruelty to children and criminal trespass. Two children were in the room during the incident, and prosecutors say the woman was able to escape afterward and flag down a passing car so someone could call 911.
According to Atlanta News First, Cherokee County prosecutors said the attack happened on Nov. 20, 2023, at an apartment in Canton. They told the outlet that Herbin pushed the woman against a wall and "applied pressure to her neck until she lost consciousness." Prosecutors’ description of the encounter formed the backbone of the state’s case at trial.
Court calendars from the Cherokee County District Attorney's Office court calendar list Herbin’s cases, including case numbers 24CR0111 and 24CR0112, and show the matter moving through the county’s criminal trial schedule in 2025. The dockets list Herbin by name and indicate the cases were set before Judge David Cannon.
Verdict and charges
A jury convicted Herbin of false imprisonment, family violence battery, third-degree cruelty to children and criminal trespass, while acquitting him of a second count of third-degree cruelty to children, prosecutors told Atlanta News First. Prosecutors also said two children were present in the room when the assault occurred. The District Attorney's Office has not yet released any information about sentencing.
Children present and local context
Advocates say that when children witness family violence, it can leave lasting physical and psychological scars that are not easily shaken off. The Georgia Commission on Family Violence’s annual fact sheet reports that nearly a third of reported family violence incidents in 2024 involved a child being present, a statistic that underscores the added stakes in cases like this, according to the Georgia Commission on Family Violence.
Resources and next steps
Sentencing in Herbin’s case will be set by the court, and any upcoming hearings or orders are expected to appear in Cherokee County court records. For survivors and others seeking help, the Cherokee Family Violence Center operates a 24/7 crisis hotline, an emergency shelter and legal advocacy services, and its website lists a hotline at 770-479-1703. The Cherokee Family Violence Center also provides information on protective orders and local services for those trying to get safe and stay that way.









