One of my friends have been filed with an Assault 4 domestic violence charge for biting her husband, the cops took photographs of the few nail scratches and biting.
How seriuos is this? She has a hearing soon. She has a criminal lawyer defending her. How bad is this? The husband doesn't want to pursue any charges but the prosecutors office will proceed any way as usual. Can she win this case? what will she get if she is found guilty?
Asked by Anonymous at 2:49 PM on Apr. 27, 2009 in Relationships
"As I said, the request to prosecutors to drop the case has been done and ignored and the court date for the first hearing has been fixed. "
I've worked in family law, the husband has to talk to the states attorney the DAY OF the trial or have her lawyer talk to the states attorney. If this is her first offense she will likely get put on stet docket. Either way she HAS to go to court and face the judge period, no ifs ands or buts about it. If she gets a real a$$hole judge, she could face up to 5 years in prison. Assault is nothing to play around with. Might help if she asks the judge for anger management classes and says that she's leaving the marriage.
Answer by legalmommy101 at 3:41 PM on Apr. 27, 2009
If her hubby is going to drop it he needs to talk to the states attorney and let them know that he doesn't want to pursue charges. At that time, her defense attorney and the state attorney will cut a deal and most likely if it was her first offense, her case will be put on stet docket, which means she is neither guilty or not guilty. If she gets any more charges during that year, those charges will be brought back against her. I would give your friend the advice that she needs to get out of the relationship she's in since she's physically hurting him. The husband CAN bring those charges back on her at anytime during this year. So her best bet is to get out of the relationship asap!
Answer by legalmommy101 at 2:59 PM on Apr. 27, 2009
Answer by Anonymous at 3:24 PM on Apr. 27, 2009
Answer by Anonymous at 3:26 PM on Apr. 27, 2009
Answer by maddypremi at 3:36 PM on Apr. 27, 2009