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  1. #1
    Join Date
    Mar 2012
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    4

    Default My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to Do

    My question involves criminal law for the state of:
    My husband took some medicine and blocked out and hurt me. I didn't press charge on him but the prosecutor insist not to drop the case and try to upgrade the charge to manslaughter. I know what happened on the accident is totally not something my husband would do. He couldn't remember anything what happened that day. Can somebody give me an idea how can I help my husband go through this difficulties?
    Additional information
    He already has an attorney but the attorney seems not be really confident of proving him an insanity of the side effect of the medication. I couldn't allow to talk to attorney based on my position being a victim. I am really nervous about the situation. It does not seem to go to a right way. Since the DA is very insistent and push really hard on my husband. The DA told me she will consider the circumstance and look at the whole picture. But right now the way she is trying to do to my husband is totally different. I need to know if there is anything I can do to help the situation. I couldn't see my husband in some way innocent has to go to years and years in prison. It's not fair on him. He is the last person I know will do such a thing to hurt people especially me. Please help and give advise. Thank you.

  2. #2
    Join Date
    Mar 2012
    Location
    Georgia
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    149

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    Quote Quoting Blairokie
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    My husband took some medicine and blocked out and hurt me. I didn't press charge on him but the prosecutor insist not to drop the case and try to upgrade the charge to manslaughter.
    Is it just me or is there something missing here ?

    I couldn't allow to talk to attorney based on my position being a victim.
    Tell me I'm not reading this wrong.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,387

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    What state are you in?

    What specific offense (code sections if you have them) has your husband been charged with?

    Understand that most victims of domestic violence want to protect their abusers. This is why prosecutors do not generally require you to pursue charges and will do so without your acquiescence.

    Oh, and I doubt for a moment the DA is buying the blackout story.

    And if the DA is going for some serious offenses then you must have been pretty badly hurt, or the force used on you was very likely to have caused great injury or death.

    So, what state is this in and what specific offenses has he been charged with?

    Quote Quoting Riply
    View Post
    Is it just me or is there something missing here ?



    Tell me I'm not reading this wrong.
    Yeah, something is missing and she probably wrote it wrong. I doubt it would even be ATTEMPTED manslaughter ... and certainly not manslaughter unless there is another victim that died. Perhaps an unborn child?
    A Nor Cal Cop Sergeant

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    And a croissant!"


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    End of Watch: Detective Michael Davis, Jr.

  4. #4
    Join Date
    Mar 2012
    Location
    Georgia
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    149

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    Quote Quoting cdwjava
    View Post
    Yeah, something is missing and she probably wrote it wrong. I doubt it would even be ATTEMPTED manslaughter ... and certainly not manslaughter unless there is another victim that died. Perhaps an unborn child?
    I sort of concluded that and I was actually going to make an attempt at humor, but thought better of it. Would have been in poor taste.

    Her post title does say Aggravated Assault w/Deadly Weapon, so I was just taken aback by the reference to "manslaughter".

    It does make sense now. I managed to locate California Penal Code 603. Attempted Voluntary Manslaughter: Heat of Passion - Lesser Included Offense

    Maybe that's what she means. I do know of Attempted Murder, but not Attempted Manslaughter. California is truly a whole different Country.

  5. #5
    Join Date
    Mar 2012
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    4

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    I am in Texas.
    Right now he is being charged with aggravated with assault with Deadly weapon.
    But I heard the DA want to upgrade it to manslaughter.
    He didn't have any criminal record before. And yes you might be right. The DA is not buying the block out.
    So, how can I prove it?
    Its not out of blind love for a husband like many cases.
    I am so pretty sure is the medication.
    There is a lot of side effect of those notorious medicine he took.
    He just start those new meds not long before the accident.

  6. #6
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,251

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    Quote Quoting Blairokie
    View Post
    I am in Texas.
    Right now he is being charged with aggravated with assault with Deadly weapon.
    But I heard the DA want to upgrade it to manslaughter.
    He didn't have any criminal record before. And yes you might be right. The DA is not buying the block out.
    So, how can I prove it?
    Its not out of blind love for a husband like many cases.
    I am so pretty sure is the medication.
    There is a lot of side effect of those notorious medicine he took.
    He just start those new meds not long before the accident.
    The problem is, you can't charge manslaughter unless someone was well...slaughtered. If no one died during this, then where is the manslaughter coming from? What kind of medication was he on? Was it prescribed to him. Is he suffering from any mental illness? There are a bunch of missing pieces.

  7. #7

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    So tell us. Did someone die here or not?

  8. #8
    Join Date
    Mar 2012
    Posts
    4

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    NO one died.
    I did get injured but I am all well now.
    If so, I don't know why DA said she want to upgrade it to manslaughter.
    And yes he did. He has a serious traumatic brain injury on the auto accident about one years ago.
    He was being prescribed a lot of mental medication.
    The new medication he was on is Ambien, Attivan, Paxil, and Vicodin and four different kind of anti depressant.
    The meds he is on is outrageous.
    And he tried to reject the medication coz its making him weird.
    I think he was thinking depression and dark when taking it.
    He does not have depression nor is he a suicidal or homicidal.
    But that day he certainly was thinking some weird stuff after the medication.

  9. #9
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,251

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    He has a significant brain trauma(which will be brought up.) He has been diagnosed by professionals with having mental health issues(which will be brought up in court.) He is apparently somewhat homicidal(considering what he must have done to garnish this much attention to this crime.) You can't diagnose his depression or any other mental health issue. There were circumstances that led up to his actions. Something triggered him. Not saying you are responsible, but it's not like he popped a pill and just started going homicidal.

  10. #10
    Join Date
    Mar 2012
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    4

    Default Re: My Husband is Being Charged with Aggravated Assault with a Deadly Weapon. What to

    He got PTSD and woke up weird and had nightmares and after taking pills, it got worse. Those are all be the trigger. Without medication, those won't be brought up, the dark side won't be aroused if there is no MEDICATION that make your brain round up. So, the MAIN trigger is the medication. People try to make it sound its not medication's fault. Its so medication's fault. The new medication built up the system and push too hard. It's been probably a week or so since the new meds being prescribed. He is NOT a homicidal without medication.

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