Domestic Violence But No Arrest

meche00 · #1 08-15-2005, 04:05 PM

I live in Maryland and I got into a verbal argument with my girlfriend who lives with me. We have a 2 month old baby, and we are both 22 yrs. old. The verbal argument soon led to a scuffle, which led to marks on her wrists (from me holding them), and a giant scratch on my arms which was really bad. Also, she punched me in my face, and then I hit her on the back of her head...but no marks resulted due to either of those. No ambulances called. I had 2 beers beforehand, which I admitted to the police. Her friend was there as a witness. Our stories are the same, we both told the truth. She eventually called the police, and they came and filed a report.

They didnt arrest me since my marks were worse than hers. She was not arrested because she had to feed our infant son, and they did nt want to take away his food supply. In the end, they said they have to turn over this incident to the local domestic violence unit for the possible filing of charges from the states attorney.

My question is:

is it likely the State will file formal charges against me? I ask this question because my current employment is contingent upon me attaining a national security clearance, and I already have a dui on my record from 2 years ago(for which I received a PBJ and already completed my probation), but that's it. No prior domestic violence history or anything else.

Since my girlfriend made the call, the police listed her as the victim, and me as the offendor, eventhough my marks were worse. I have been so worried that the SA will file charges and not allow me to attain my clearance. My girlfriend still lives with me , and does not want to file charges. Anyone have any advice or idea as to what will likely happen?

aaron · #2 08-15-2005, 04:13 PM

Given the high stakes for you, I suggest you contact a local criminal defense attorney who will be able to look into the matter, and perhaps intervene with the prosecuting attorney before charges are authorized.

meche00 · #3 09-08-2005, 09:12 AM

Well, today I was finally charged with assault, second degree. I believe it's a misdemeanor. I believe the max. penalty is 10 years in jail, if convicted. being that this is my first time, and the lack of severity of the situation that occurred, is it likely I will get 10 years?

aaron · #4 09-08-2005, 09:50 AM

It is unlikely that you would get the maximum sentence. I suggest you consult a local criminal defense attorney.

meche00 · #5 09-29-2005, 07:01 PM

I have 2 questions:

1) At the time of the assault incident, my girlfriend and I were not married. Now, we are married. DOes spousal priveledge apply? Do you have to be married at the time of the offense? I cannot seem to find the details of spousal priveledge on line.

2) I received a PBJ for a DUI while in college. Since I have already been granted a PBJ for that DUI offense, am I allowed to receive a PBJ for Domestic Violence?

Mr. Knowitall · #6 09-29-2005, 09:01 PM

I think you should hire a criminal defense lawyer, so you can figure out exactly what your rights are and position yourself for the best possible disposition of your charge.

cdwjava · #7 09-30-2005, 06:10 PM

Quoting meche00

I have 2 questions:

1) At the time of the assault incident, my girlfriend and I were not married. Now, we are married. DOes spousal priveledge apply? Do you have to be married at the time of the offense? I cannot seem to find the details of spousal priveledge on line.

In all states that I know of that I have seen the law on this issue, Domestic Violence is a specific exemption to the marital privelege. Additionally, any crime in which the spouse may have been a victim is also generally exempted from the privelege.

Quote:

2) I received a PBJ for a DUI while in college. Since I have already been granted a PBJ for that DUI offense, am I allowed to receive a PBJ for Domestic Violence?

Better to retain counsel for an answer to that and other questions.

- Carl

meche00 · #8 12-11-2005, 02:27 AM

Quote:

In all states that I know of that I have seen the law on this issue, Domestic Violence is a specific exemption to the marital privelege. Additionally, any crime in which the spouse may have been a victim is also generally exempted from the privelege.

I went to court Wednesday (my trial was postponed), but it was confirmed by the attorney prosecuting me that my wife does not have to testify against me, eventhough we werent married during the incident. And I know for sure that for other crimes that the priveledge is allowed, even if the spouse is a victim.

FYI, you CAN get a PBJ for a domestic violence. I saw various people getting them when I went to court...waiting for a postponement of my own case.

cdwjava · #9 12-11-2005, 03:11 AM

The prosecutor may have decided they do not need her testimony so they won't compel her to testify. But, I doubt that spousal privelege applies if she is a victim to the crime.

What state did this happen in?

- Carl

meche00 · #10 12-11-2005, 11:43 PM

this happened in MD. The pics the police took showed no visible markings on her, so I do not know what they plan to use as evidence. The 911 tape didnt have hardly anything on it...my lawyer said he could argue it to be inadmissible because all it has is my wife saying I hit her, which is known by everyone. That is why I am charged. We are going to argue self defense if they proceed w trial. There was my wife's friend who was present. They plan to use her as a witness. She only saw half the incident, but not where I struck her. She was there for when I grabbed my wifes wrists to prevent her from striking me. In the end, it seems like it is going to be my word against hers. I don't know how they go about figuring that all out.