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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 10-12-2005, 10:31 PM
NotMe NotMe is offline
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Location: Virginia
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Default Malicious Wounding and Felony Use of a Firearm Charge
My sister and I got into a disagreement at her home and things got out of control. She is Bipolar and manic depressive also Hep-C +, she was severly intoxicated began to threaten me and struck me in the head. I never struck her once, but just tried to restrain her until she bit me and said she would give me Hep-C and kill me (which it did break the skin), she also wanted to kill my wife that was upstairs taking care of our 20 month old daughter at the time. We wrestled around some glass was broken and she begain to try and cut me with it, which she did several times on the hands, Arms and stomach. I was still trying to restrain her until the police arrived, but she had been cut also and was rubbing her blood all over me and trying to stab me, so at that time I was backed into a bathroom with her blocking the exit. I then yelld for my wife to give me my gun, she was afraid that my sister would get it, so I kicked her legs out, held her by her neck and got the gun, she then got lose and started trying to cut me and I warned her 10 or more times that I would shoot if she came at me again, she got up and came at me and I shot her once in the forearm. The police took both of us to the hospital, but I was arrested and charged with Malicious wounding and use of a firearm in commission of a felony after being treated. She was charged with SIMPLE ASSAULT and released to go home. Why was she only charged with simple assault? What are the chances of this being dropped and if it goes to trial whats the chances of me doing any jail time?. My sister doesnt want to take it any further and either do I. She also has a long criminal history and is known for needing 5 or more officers just to put cuffs on her (She's 5'7" 230lbs) and I'm only one person and she had a deadly weapon. I also have nothing on my record for anything and I just got out of the Air Force after 8 years. Thanks for any information you can give me.
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Old 10-12-2005, 10:36 PM
Mr. Knowitall Mr. Knowitall is offline
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Join Date: Sep 2005
Location: California
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Default Charged with Malicious Wounding
I strongly urge you to hire a criminal defense lawyer to assist with your case. It is unlikely that the charge will be dropped if you don't have an effective advocate working on your behalf. In this regard, try to get a referral to a good criminal defense lawyer (which probably won't be the cheapest, unfortunately), as you want somebody who will understand the issues, and will be credible when negotiating with the prosecutor.

If you did not yet document your wounds, and it is not too late, grab a camera and take some pictures.
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