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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 11-23-2007, 08:50 PM
Lady5612 Lady5612 is offline
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Default Punishment for Aggravated Assault With No Priors
I got very angry with my husband one night after seeing yet another very suggestive email to a female. In my angst, I threw a candle against a wall and broke it. I then proceeded to try and hit him with my fists, but was not very successful. He went upstairs for some reason and I followed him. I grabbed a knife and he went downstairs to the garage, where I followed him. I tried to open the garage door, but he held it closed. At this point, the anger had all but faded away, and hurt (emotional) had set in. I began crying hysterically and banging on the door with the knife out of frustration. At some point, he finally let go of the doorknob and I opened the door. He was standing in the garage on the opposite side of the car. Still crying, I turned and looked at him, threw the knife against a wall, and came back inside the house. Shortly after, the police were at the door. I did make the stupid mistake of giving a statement as to what happened and was arrested and charged with aggravated assault. My husband did not press charges, however the State is. He's not even going to testify and is in full support of me.

I never even threatened my husband with the knife or even raised it at him. I didn't even try to chase him with the knife or anything. It was down at my side the whole time.

I will be going to court in a few days and am starting behavioral management classes here shortly. I want to know how likely is it that I will get out of serving any jail time. We live in the state of South Dakota and I have no priors.

Also, there is a court appointed no-contact order in place, which we will be attempting to have lifted when we go to court. Approximately how long does it take to get that order lifted? My husband is military and leaves for Iraq in about a month. We would like to spend some time together and also get marriage counseling before he deploys. I already know that this whole thing is going to greatly destroy his moral. And for that I am so very, very sorry.
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Old 11-23-2007, 08:58 PM
edbehnke48653 edbehnke48653 is offline
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Default Re: Aggravated Assault, No Priors. Punishment?
you really need to address your concerns with your attorney.
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Old 11-23-2007, 09:03 PM
Lady5612 Lady5612 is offline
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Default Re: Aggravated Assault, No Priors. Punishment?
Quoting edbehnke48653
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you really need to address your concerns with your attorney.
Oh, I plan to. I just wanted to mabye get a heads up as to what's gonna happen.
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Old 11-23-2007, 09:27 PM
panther10758
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Default Re: Aggravated Assault, No Priors. Punishment?
Even if someone had a case similar there would be some differnces, state, county, judge Attorneys, evidence, witness statements etc etc so to gauge your case in such a matter is about same as consulting a magic 8 ball. Your Attorney will know how judge(s) in your area deal with these charges and chance of charge reduction etc.
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