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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 11-26-2006, 07:36 PM
TN Grammy TN Grammy is offline
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Default Maximizing the Penalty for Domestic Violence
State of Tennessee .....

My daughter has been separated from her husband. We just moved her and her 2 year old daughter into an apartment of their own. (without "husband")
Two days after they moved in, he found out where they were and came over. In the parking lot of the apartment, he threatened to kill 2 of her male friends, and threatened to also kill her if she told anyone. He did this in the presence of their 2 year old child as well! At this time, he lifted his shirt and flaunted a black gun in his pants! He again waved it in the air as he drove away in his car.

When my daughter got to work, she immediately called the police and he was picked up and arrested. He was put in jail, but bonded out in less than 24 hours. He was charged with aggravated assault. As it turned out, it was "only" a BB gun, but the officer said it still could have KILLED!!!

This guy has prior felony charges ... burglary and drug possession. He has just been off of state probation for a few weeks at MOST! He also has recently admitted (to my daughter) through bragging and showing a receipt, that he has been stealing rolls of copper from his employer ... a hardware store. A couple of weeks ago, I phoned his manager and gave this information, along with the name of the company he had sold it to. My daughter told all of this to the officers who just arrested him, and they said that some stealing of copper tubing was also under investigation. The officer was interested that Chad may have been involved in that as well.

Now, for my questions! (sorry to ramble) What ... if anything ... can I / we do as far as speaking to the DA before the court date of January 2nd. I want to make sure he/ she knows everything possible that we know on this guy! Also, I'd like to make sure (if possible) that any sentences he receives, he serves them consecutively!!!

In addition, could you possibly tell me what the minimum sentence would most likely be for aggravated assault with a prior felony record? ANY information you can share on this case would be so greatly appreciated!!!!

Edit: Also, my daughter has once previously made a report of domestic violence against him for hitting her and trying to choke her.

Last edited by TN Grammy; 11-26-2006 at 07:40 PM. Reason: added more information
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Old 11-28-2006, 08:08 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Any advice and / or information appreciated!!!
Your daughter can see if the prosecutor's office has a victim's rights officer, and can try to make her views clear through that person or to the prosecutor in charge of the case. She can ask about her right to submit statements to the probation department, or to make a victim's impact statement for the court.
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Old 11-28-2006, 09:04 PM
TN Grammy TN Grammy is offline
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Default Re: Maximizing the Penalty for Domestic Violence
Thank you for your response. I tried to call the DA's office, and they told me that there are 3 different ones and over 100 cases coming up at the same time. Apparently they don't even look over them until the morning before court. All I can supposedly do is to try and say something to which ever DA is working the case, right before we go into court!
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