[animusdk]

My question involves criminal law for the state of: NY

Me and my fiancee were drinking heavily and started arguing, and at some point she cut me in the face with a kitchen knife. I was brought to the hospital, and after they got a warrant to search the apartment i was arrested in the hospital. She was uncooperative with them and tried not to implicate me in the incident but did tell them i had pushed her. After being arrested i was brought in for questioning, and i should have stayed quiet and not talked until i got a lawyer.

Anyways, they asked me what happened, and they did read me my rights. I said some details and that she had cut me.

Heres the problem, I was drunk at the time of the incident, and the time of the statement. I want nothing bad to happen to me, but definitely not her. The details that i gave are not correct, its just what was in my mind. they paint a bad picture of her and right afterwards they went back and arrested her for a heavier charge (felony assault).

so:
1. what can i expect for consequences on myself (assault third, class a misdemeanor, crim tresspass, class B misdemeanor)? i have a pretty clean record no history of violence.

2. can my statement be removed since i was drunk at the time?

3. can i be charged for false statements?

4. she nor i are willing to testify about it, does that matter?

5. what can she expect as far as consequences? (assault second, felony, crim weapon, midemeanor, harrassing an officer, violation)

....

Is there anything we can do???

[cyjeff]

I would recommend alcohol treatment, anger management and a pair of excellent attorneys.

I give your wife a better than 90% chance of jail time... she assaulted you WITH A KNIFE!!! Geez.

On the plus side, both of your life expectancies just doubled.

[animusdk]

ok, i get that. ive been told that.

what about the rest of my questions?

any anecdotal experience?

[MorningStar]

so:
1. what can i expect for consequences on myself (assault third, class a misdemeanor, crim tresspass, class B misdemeanor)? i have a pretty clean record no history of violence.

2. can my statement be removed since i was drunk at the time?

3. can i be charged for false statements?

4. she nor i are willing to testify about it, does that matter?

5. what can she expect as far as consequences? (assault second, felony, crim weapon, midemeanor, harrassing an officer, violation)

....

Is there anything we can do???

I'm no legal expert but I will tell you what I know and what I feel. I know that ever since the O.J. simpson trial whenever there is a domestic violence case involving a man and a women the man is ALWAYS arrested, no matter what. Even if it is just for the night. Now to start on your questions

1. I doubt you will get hit with any major charges, they might try to stick you with aggravated assault, and definatley order you to go to an alchohol treatment (court ordered AA)

2. If you are able to higher a lawyer it is possible, I believe, for them to file an appeal of your statement due to influencial substance. This will back up the courts desire to put you through treatment but I don't think they will hit you with false statement.

3. see above

4. I'm not sure how this will effect the case. In the long run it will most likely hurt her more then you for the sheer fact she wounded you. I would talk to a lawyer on this one, even if it's just a PD, find someone with a strong grasp of the legal world.

5. she can most definatley expect assault with a deadly weapon which the judicial system will try to turn into an attempted murder. Not very heartwarming but that's what happens. should your lawyer be able to appeal your statement and you testify that she was not truely trying to harm you they will most likely give her a couple years for the assault and order her to go through treatment, unfortunatley that is the best of circumstances. The worst is the jury believes she was of a sound enough mind to know what she was doing and she was trying to purposfully inflict harm against you. In which case she could be looking at a long sentence.

The only thing you can do is find a good lawyer, if that's not possible speak with the public defender and the public prosecuter. Request they schedule a joint meeting so you all can make a game plan and get everything sorted out proper. Good luck and I pray for you and her's safety.

[animusdk]

but i dont want her to go to jail, the assault charge did not include deadly weapon, and honestly she really didnt mean to cut me. She has a clean record, is there any way she can get this knocked down to a probation situation?

i hate myself for telling them anything at all. she tried to protect me and all i did was ruin her life. i feel awful and full of guilt for this.