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  1. #1
    Join Date
    Jul 2011
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    Default Aggravated Assault With a Deadly Weapon Without Intent to Kill, Self-Defense

    I live in Florida What are the odds these charges stick? I only have a public defender who from my research I have found attended a local second rate law school part time, is 31, has only a couple years experience and is.... A WOMAN. I think nothing less of women and actually get along with them much better than men, but in a case where Im being accused of assaulting my wife I am praying she isnt less motivated by the charges. I got very detailed below.

    FL. I will skip straight to the meat and potatoes part of this and include the history below. Wife and I are having an argument outside a restaurant next to our vehicles. I have her phone and have threatened to look in it if she doesnt explain to me her extremly unusual behavior. Upon realizing that I actually have the ability to bypass the phones security and see whats inside she begins hitting me and tryin to get the phone back in a desperate manner that I have never seen in her. I had to grab her arms at one point about 30-40 seconds into this because she manged to hit my face, I did not due it harshly, only firmly enough to stop the hitting, I remained very calm throughout this and and warned her to "knock off this whole putting her hands on me bit before things escalate or get out of hand" (my meaning being, she gives me a black eye, someone sees this and calls the sheriff and she gets arrested, it gets to a point where I cant forgive her or this causes permanent damage to our relationship etc.) I let go of her and she starts up again. I am backing away and trying to reason with her during this and end up by the truck of her car (I am the one driving the car that day, she has my truck) I always kept a glock pistol in the trunk of her car for her under the trunk floor in the spare tire well incase she ever was forced into the trunk or something. The pistols slide was too short for her to get a good grip and chamber a round therefor it was stored loaded and cocked, ready to fire. I remember this fact as we got to the back of the car, we both have keys to both cars so she could easily open the trunk and access this gun. Nothing like that had ever happened before and she hadnt threatened to do so but given her desperate ( I wont say crazy) behavior I thought it better that this thing not be a possible life changing or even ending variable in the already srewed up situation. I put my arm out stiffly to my right (not touching her but to keep her back) and popped the trunk while standing at the far driver side of the trunk. I bent down and quickly lifted the truck floor retreived the gun, (at no time did it come out of the trunk, I did the following while bent over into the trunk) When I had to lift the trunk floor and reach it required me to use both hands so now the smacking has resumed and she is close to me. While holding the gun on its side and pointed into the trunk I pressed the magazine release and then racked the slide removing the chambered round. At this point she is bent over half way inside the trunk trying to reach over me to the pistol (I dont think she was trying to do me any harm with it but I didnt exactly say "hey Im going to disarm the pistol in your trunk now honey" so she was trying to grab it Im sure I would have done the same) I had the intention of placing the magazine and ejected round both in my pocket and leaving the gun itself in the trunk, well because she was grabbing at it I just dropped it back in the trunk, somehow the magazine never fell out and actually clicked back into place. I assume this is because I had it to the side when I pressed the release and racked the slide, then it was only inches out off the bottom of the trunk so when I dropped it probably not enough room to fall out and just hit on either trunk bottom or tire and clicked back in. Anyway I had to again stick my right arm out stiff and push her back out of the trunk to close the lid. After doing this I put the round I had ejected in my pocket, I feel fine because I know that even if she got her hands on it now she didnt have the strength to cock it, therefor the only danger it posed to my was if she threw it at me and I again had as usual remained very calm so I wasnt worried in anyway about myself getting irrational. We argued maybe another 20 seconds and I finally gave up, and handed her phone back to her figuring I already had my answer in her behavior. Turn around to walk away and.... cop car. A witness called them. Turns out the guy works with her and I am told although am unable to verify that they are seeing one another. I was arrested even though I had scratches and surprisingly that quickly already bruising on my side, and she didnt have a mark. She claimed initially that I had pointed the gun at her. She also claimed I was suicidal. Only after claiming I had a bottle of xanex in the car though. So not only was I arrested I got to sit in the loonie bin naked and under video survelence for 15 hours, again completely calm didnt even get angry. After that I was interviewed by a shrink who judged me to of course be no danger and let me out. The xanex.... turned out to be caffeine pills that I had bought a large bottle of and didnt want to lug around with me so had put a few into a small old prescription bottle with the label removed. I was araigned and charged only with the title of this thread. As I have no prior record I was given a lite bond. As I waited to be bonded out I was served notice of a restraining order. I was not allowed to my home except once with a deputy to retrieve only clothes etc. A hearing was scheduled for one week later as it was a temp. order. At the hearing her story changes to I "lured her to the restaurant and used the gun to try to force her into the trunk of the car" as though this was all planned. Because I wouldnt have done this in my own home with no witnesses where we were not but 30 minutes prior but instead decided it was a better idea to do it in public with an audiance??? Judge made to a 1 year order and I learned of my wifes intent to file divorce. So now I have no home, am staying with my parents, no money, she cleared our accounts, and I had $700 cash on my when I was arrested that they handed to her. She has all my furniture that I had years before meeting her, all my computers, LED TV's, watches etc. I have no vehicle, both were in her name and she refused at the hearing to surrender one to me. I lost my job because we both worked for the same company just in neighboring counties, I have a public deffender who I have yet to hear from now 9 days later and to top it off was car jacked while driving my mothers vehicle only 3 days after all this and was beat unconcious and left for dead behind a closed strip mall in the dark with skull fracture, broken foot, etc etc.

    This day wife and I had come to mutual agreement that our marriage just wasnt working. We both work very long hours (65+ weekly) and our marriage had just become more of a convenient financial situation than a proper marriage. That night I arrived home, collected a few things and intended to stay at a hotel for the night and try to think things through, I love my wife very much and wanted to make sure I didnt make a huge mistake. She starts to get a little confrontational with me regarding our debts and property etc. Makes a comment about both our vehicles being in her name soley, basically seemed to be some sort of survival mode or something, very selfish, never seen her that way before. Because of this I take nothing with me and leave to go have dinner at my usual spot and talk to my bartender friend there before continuing to hotel.

    As I sit and order (maybe 10 minutes after leaving the house) she was texting me so I told her if she wanted to talk she could come up there. She arrives about 5-7 minutes later. I have now had one martini. I tried to talk to her and she just kept texting someone, this went on maybe another 5-7 minutes before I asked her to stop, that given the gravity of our conversation I fealt it disrepectful that she divide her attention (we also have a little rule we uphold of "no phones at dinner" just because it is often our only time together). She continued to text away. I finally told her that if she wasnt going to take this seriously that she didnt need to be there and should probably just leave. Maybe 10-12 minutes have gone by since she arrived. Now she leaves.

    I wait about 30-40 seconds then decide that my being passive and trusting were only getting me mistreated and most likely deceived. I got up and walked out, she was just about to get into my truck (we traded cars every few weeks to keep the mileage even because I put on roughly 25k a year and her only about 8) I yelled out to her to "wait up, I wanted to ask her something" caught up to her and asked her who was so important that they couldnt wait. She told me it wasnt my business. I asked to see her phone (I have NEVER looked in it before, I am not a jealous person and have always had the attitude that if someone else made her happier than I that she should be with that person. I love her that much. I only asked for honesty if it ever happened). She waives the phone in front of my face and says "this phone?" in a sarcastic tone. I quickly plucked the phone from her hands and responded with "ya this phone". Upon trying to get into it I discovered a numeric pass key had been put in place. She acted smuggly and didnt initially try to do anything. I then told her that if I put it in wrong several times it would allow me to access the contents via her gmail password, she tells me she isnt stupid and had changed that as well. I reminded her that if I then put that in wrong a few times a security question would pop up and as I set up her gmail account I knew its answer and that I didnt want to have to do that, that she was my wife and I trusted her. I just wanted an answer, I told her "I would give the phone back and NEVER look in it, I just wanted an answer from her because something was weird about this whole thing" (we by the way had only 2 prior arguments in our 2.5 years of being together and both were over in minutes). Thats when she started hitting me and trying desperatly to get the phone back.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,752

    Default Re: Agg Assault W/ Deadly Weapon W/O Intent to Kill Due to Disarming a Gun During Arg

    Quote Quoting Dwilly
    View Post
    I live in Florida What are the odds these charges stick? I only have a public defender who from my research I have found attended a local second rate law school part time, is 31, has only a couple years experience and is.... A WOMAN. I think nothing less of women and actually get along with them much better than men, but in a case where Im being accused of assaulting my wife I am praying she isnt less motivated by the charges. I got very detailed below.

    That tells us a lot about you.



    FL. I will skip straight to the meat and potatoes part of this and include the history below. Wife and I are having an argument outside a restaurant next to our vehicles. I have her phone and have threatened to look in it if she doesnt explain to me her extremly unusual behavior. Upon realizing that I actually have the ability to bypass the phones security and see whats inside she begins hitting me and tryin to get the phone back in a desperate manner that I have never seen in her.

    What gave you the right to be in possession of HER phone?


    I had to grab her arms at one point about 30-40 seconds into this because she manged to hit my face, I did not due it harshly, only firmly enough to stop the hitting, I remained very calm throughout this and and warned her to "knock off this whole putting her hands on me bit before things escalate or get out of hand" (my meaning being, she gives me a black eye, someone sees this and calls the sheriff and she gets arrested, it gets to a point where I cant forgive her or this causes permanent damage to our relationship etc.) I let go of her and she starts up again.

    It would appear that your relationship is permanently damaged already, I'm afraid


    I am backing away and trying to reason with her during this and end up by the truck of her car (I am the one driving the car that day, she has my truck) I always kept a glock pistol in the trunk of her car for her under the trunk floor in the spare tire well incase she ever was forced into the trunk or something. The pistols slide was too short for her to get a good grip and chamber a round therefor it was stored loaded and cocked, ready to fire. I remember this fact as we got to the back of the car, we both have keys to both cars so she could easily open the trunk and access this gun. Nothing like that had ever happened before and she hadnt threatened to do so but given her desperate ( I wont say crazy) behavior I thought it better that this thing not be a possible life changing or even ending variable in the already srewed up situation. I put my arm out stiffly to my right (not touching her but to keep her back) and popped the trunk while standing at the far driver side of the trunk. I bent down and quickly lifted the truck floor retreived the gun, (at no time did it come out of the trunk, I did the following while bent over into the trunk) When I had to lift the trunk floor and reach it required me to use both hands so now the smacking has resumed and she is close to me. While holding the gun on its side and pointed into the trunk I pressed the magazine release and then racked the slide removing the chambered round. At this point she is bent over half way inside the trunk trying to reach over me to the pistol (I dont think she was trying to do me any harm with it but I didnt exactly say "hey Im going to disarm the pistol in your trunk now honey" so she was trying to grab it Im sure I would have done the same) I had the intention of placing the magazine and ejected round both in my pocket and leaving the gun itself in the trunk, well because she was grabbing at it I just dropped it back in the trunk, somehow the magazine never fell out and actually clicked back into place. I assume this is because I had it to the side when I pressed the release and racked the slide, then it was only inches out off the bottom of the trunk so when I dropped it probably not enough room to fall out and just hit on either trunk bottom or tire and clicked back in. Anyway I had to again stick my right arm out stiff and push her back out of the trunk to close the lid. After doing this I put the round I had ejected in my pocket, I feel fine because I know that even if she got her hands on it now she didnt have the strength to cock it, therefor the only danger it posed to my was if she threw it at me and I again had as usual remained very calm so I wasnt worried in anyway about myself getting irrational. We argued maybe another 20 seconds and I finally gave up, and handed her phone back to her figuring I already had my answer in her behavior. Turn around to walk away and.... cop car. A witness called them. Turns out the guy works with her and I am told although am unable to verify that they are seeing one another. I was arrested even though I had scratches and surprisingly that quickly already bruising on my side, and she didnt have a mark. She claimed initially that I had pointed the gun at her. She also claimed I was suicidal. Only after claiming I had a bottle of xanex in the car though. So not only was I arrested I got to sit in the loonie bin naked and under video survelence for 15 hours, again completely calm didnt even get angry. After that I was interviewed by a shrink who judged me to of course be no danger and let me out. The xanex.... turned out to be caffeine pills that I had bought a large bottle of and didnt want to lug around with me so had put a few into a small old prescription bottle with the label removed. I was araigned and charged only with the title of this thread. As I have no prior record I was given a lite bond. As I waited to be bonded out I was served notice of a restraining order. I was not allowed to my home except once with a deputy to retrieve only clothes etc. A hearing was scheduled for one week later as it was a temp. order. At the hearing her story changes to I "lured her to the restaurant and used the gun to try to force her into the trunk of the car" as though this was all planned. Because I wouldnt have done this in my own home with no witnesses where we were not but 30 minutes prior but instead decided it was a better idea to do it in public with an audiance??? Judge made to a 1 year order and I learned of my wifes intent to file divorce. So now I have no home, am staying with my parents, no money, she cleared our accounts, and I had $700 cash on my when I was arrested that they handed to her. She has all my furniture that I had years before meeting her, all my computers, LED TV's, watches etc. I have no vehicle, both were in her name and she refused at the hearing to surrender one to me. I lost my job because we both worked for the same company just in neighboring counties, I have a public deffender who I have yet to hear from now 9 days later and to top it off was car jacked while driving my mothers vehicle only 3 days after all this and was beat unconcious and left for dead behind a closed strip mall in the dark with skull fracture, broken foot, etc etc.

    This day wife and I had come to mutual agreement that our marriage just wasnt working. We both work very long hours (65+ weekly) and our marriage had just become more of a convenient financial situation than a proper marriage. That night I arrived home, collected a few things and intended to stay at a hotel for the night and try to think things through, I love my wife very much and wanted to make sure I didnt make a huge mistake. She starts to get a little confrontational with me regarding our debts and property etc. Makes a comment about both our vehicles being in her name soley, basically seemed to be some sort of survival mode or something, very selfish, never seen her that way before. Because of this I take nothing with me and leave to go have dinner at my usual spot and talk to my bartender friend there before continuing to hotel.

    As I sit and order (maybe 10 minutes after leaving the house) she was texting me so I told her if she wanted to talk she could come up there. She arrives about 5-7 minutes later. I have now had one martini. I tried to talk to her and she just kept texting someone, this went on maybe another 5-7 minutes before I asked her to stop, that given the gravity of our conversation I fealt it disrepectful that she divide her attention (we also have a little rule we uphold of "no phones at dinner" just because it is often our only time together). She continued to text away. I finally told her that if she wasnt going to take this seriously that she didnt need to be there and should probably just leave. Maybe 10-12 minutes have gone by since she arrived. Now she leaves.

    I wait about 30-40 seconds then decide that my being passive and trusting were only getting me mistreated and most likely deceived. I got up and walked out, she was just about to get into my truck (we traded cars every few weeks to keep the mileage even because I put on roughly 25k a year and her only about 8) I yelled out to her to "wait up, I wanted to ask her something" caught up to her and asked her who was so important that they couldnt wait. She told me it wasnt my business. I asked to see her phone (I have NEVER looked in it before, I am not a jealous person and have always had the attitude that if someone else made her happier than I that she should be with that person. I love her that much. I only asked for honesty if it ever happened). She waives the phone in front of my face and says "this phone?" in a sarcastic tone. I quickly plucked the phone from her hands and responded with "ya this phone". Upon trying to get into it I discovered a numeric pass key had been put in place. She acted smuggly and didnt initially try to do anything. I then told her that if I put it in wrong several times it would allow me to access the contents via her gmail password, she tells me she isnt stupid and had changed that as well. I reminded her that if I then put that in wrong a few times a security question would pop up and as I set up her gmail account I knew its answer and that I didnt want to have to do that, that she was my wife and I trusted her. I just wanted an answer, I told her "I would give the phone back and NEVER look in it, I just wanted an answer from her because something was weird about this whole thing" (we by the way had only 2 prior arguments in our 2.5 years of being together and both were over in minutes). Thats when she started hitting me and trying desperatly to get the phone back.

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  3. #3
    Join Date
    Jul 2011
    Location
    FL
    Posts
    2

    Default Re: Agg Assault W/ Deadly Weapon W/O Intent to Kill Due to Disarming a Gun During Arg

    thanks. I technically own the phone, and I feel that given her behavior as a husband I have the right to know what is going on especially when its the first time I have ever asked when I am the type of man that for the last 2.5 years when my wife comes home at 2:30am after me not being able to reach her all night my complaint is that she needs to at least let me know she is safe, who she is with and what she is doing comes second and tells her I trust her and wont even ask the 2nd two questions but I need to know she is safe. I know I need more help, unfortuneatly I cant afford it and right now my entire life has been put on hold and its not real easy getting any incite as to what my future holds. As for my relationship being damaged, yes it is, obviously its destroyed but I didnt know that at the time. I only emphasized the attorney being a women because a few of my female friends who I have known for quite some time even treated me with scrutiny over this, one of whom is an old girlfriend from high school who I was with for 4 years and she had fits of violence when she drank too much at parties etc. and she even knowing I NEVER not once laid a finger on her when these things happened was very defensive over this. My own mother who used to see my own older sister pick on me when I was young and knows I wouldnt even defend myself because I just could never see hitting a women or girl as an option questioned me heavily before accepting I hadnt done this.

    I always had plenty of faith in our law enforcement and system. You'll have to forgive me if I am a little afraid after being arrested for a VERY serious crime which I didnt even come close to comitting then being beaten unrecognizable by a car jacker and having the police not even take a picture afterward. Then being told that I am not allowed back to my home yet the clerk even after changing my address with them has sent important documents for me to that address that I am not even allowed to go to.

    I have as a result of this entirely unfounded allegation lost not only all that I own and worked hard for but a 6 figure job with a great company, and my freedom for 24 hours. That is without getting into the emotional price I have paid in losing my beautiful wife who my world revolved around. Who had become my purpose and motivation in life, who I would go through all this again just for the chance to be able to talk to. Just because we grew apart and didnt have time to have a fairy tale marriage doesnt mean that I ever stopped loving her even one bit less than the day I married her. I thought after all this was done we would still be great friends. We hadnt been arguing throughout the day, we even planned to stay living together a few months until I could find her a place and furniture etc. So again please forgive my borderline paranoia but I have been through a lot this week and have learned that common sense is a very uncommon thing in my areas law enforcement and that these people dont really take any time to consider the impact on someones life simply aressting them first and asking questions later can have.

    Lets not forget here too that she lied about my caffeine pills being narcotics and about me being suicidal. Im not some guilty wife beater trying to get out from under taking responsibilty for his actions. Im an innocent victim of my wifes lying for a reason that I still do not understand.

    I do however thank you for your response not matter how little it contributed

  4. #4

    Default Re: Agg Assault W/ Deadly Weapon W/O Intent to Kill Due to Disarming a Gun During Arg

    Quote Quoting Dwilly
    View Post
    thanks. I technically own the phone, and I feel that given her behavior as a husband I have the right to know what is going on
    The law disagrees with you. Having a moral right to know about something going on in your marriage doesn't give you the legal right to physically confront a person and take property forcefully from their possession. Regardless of the lies about the narcotics (which is really irrelevent, since you weren't charged with a narcotics related complaint), and her statements of potentially being suicidal, the agg assault charge is serious business, so yes, you absolutely need an attorney to represent your interests there. Public defenders ARE qualified attorneys...they pass the same exact Bar exam as all other attorneys in your state, and, in criminal cases, they often have the "edge" over private attorneys in that they work many more cases, and know your local judges and prosecutors very well (can better anticipate any pleas or strategies coming from the state). The downside of all of that experience is that public defenders don't do hand-holding or have the time to walk their clients through the case the way a private attorney would.
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