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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 11-30-2007, 05:43 PM
hmax hmax is offline
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Default Exaggerated Charges
My boyfriend and I were recently fighting in Indiana when I got physical first; however, he was charged with battery, confinement, interfering with reporting and possession of marijuana. I told the officer that he chocked me, held a gun to my head and wouldn’t let me call 911. There were no witnesses, he has no priors, and is a collector of various types of registered antique firearms in additional to numerous items. They took all of the firearms and the small amount of marijuana. I was outside when they arrived (not confined). I am not going to press charges. Can they charge him with battery? Please advise.
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Old 11-30-2007, 06:15 PM
cdwjava cdwjava is offline
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Default Re: Exaggerated Charges
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I told the officer that he chocked me, held a gun to my head and wouldn’t let me call 911.
That sounds just a TAD serious to me.

Quote:
There were no witnesses, he has no priors, and is a collector of various types of registered antique firearms in additional to numerous items.
Which has absolutely nothing to do with the charges.

Quote:
They took all of the firearms and the small amount of marijuana.
Not a surprise.

Quote:
I was outside when they arrived (not confined). I am not going to press charges. Can they charge him with battery? Please advise.
Wait ... someone holds a gun to your head and won't let you leave, and you do NOT want him prosecuted?!?

Fortunately, what YOU want is entirely irrelevant. The DA is responsible for pursuing charges, not you. Your only responsibility is to testify truthfully in court.

Now, since you seem to find this kind of behavior acceptable, I have to ask ... why???? (I think I can predict the answer(s) but I am curious what you have to say to explain why he shouldn't be locked up.)

- Carl
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