ExpertLaw Forum - Help With Your Legal Questions
Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-16-2008, 05:24 PM
kandigrl kandigrl is offline
Junior Member
 
Join Date: Jul 2008
Posts: 1
Question How Can We Get a Charge Reduced or Otherwise Taken Off?
My question involves criminal law for the state of: Illinois but maybe everystate.. Military..

My husband had been in the military for two years, then got out. Between that time and the time we got together almost two years ago, my husband had dated a girl whom he DID NOT live with. He said they got into an argument and SHE grabbed ahold of his genitals, and would not let him leave.
He said in the argument and struggle to get free, he ended up head butting her which left a small red mark on her face. When he finally got out, he went walking down the road.
This girl called the police and at first said a man she didn't even know came in her house, raped her, and beat her up. She said he took off walking down the street.
So the police picked him up, and took him to the station and he told them they had dated, had been intimate, then got into an argument and there was a struggle between the two of them because she wouldn't let him leave. It was admitted that both parties had used physical force to get away from the other/ keep the other one in the house.
The girl then wrote a letter confessing that she did know him, he had not raped her but that there was a physical disagreement. She never admitted to grabbing ahold of him.

Anyways, my husband got charged with a domestic battery charge.
And here lies the problem.
He is now trying to re-enlist in the Army/Air Force/National Guard and they are saying their hands are tied. They said that Domestic Battery is one of the NONWAIVERABLE charges. They said if it just got reduced to a battery charge it would be waiverable.
What can we do to get the charge reduced, or even taken off. He really wants to turn things around in his life and serve his country and this is the only thing keeping him from doing so.
What can we do? What path should we follow?
Reply With Quote
  #2  
Old 07-19-2008, 11:25 AM
LawResearcherMissy LawResearcherMissy is offline
Senior Member
 
Join Date: Jan 2008
Posts: 8,138
Default Re: How Can We Get a Charge Reduced or Otherwise Taken Off?
Quote:
What path should we follow?
You should get an attorney and make sure he has ALL of the details.

Then do what he says to do.

This is not a do-it-yourself situation.
__________________
I'm not a lawyer, but I play a researcher on the internet!
I support the National Kidney Foundation and Blogathon 2009
Caution: I bite.
Reply With Quote
  #3  
Old 07-22-2008, 05:00 AM
wildbrad1488 wildbrad1488 is offline
Junior Member
 
Join Date: Feb 2008
Posts: 6
Exclamation Re: How Can We Get a Charge Reduced or Otherwise Taken Off?
well she admitted to holding him in the house hold and would not let him leave so she messed with his free will to leave....hmm tell him to ask his defender for disorderly conduct or for 5th degree assault..and just to let you know he will not be able to enlist into the military until 6 months after probation witch he will get and they are BS you can re-enlist with a petty,gross, misdemeanor BUT not a felony. Good Luck !
Reply With Quote
  #4  
Old 07-22-2008, 07:33 PM
PJ Weber PJ Weber is offline
Senior Member
 
Join Date: May 2008
Location: California - the hot part
Posts: 210
Default Re: How Can We Get a Charge Reduced or Otherwise Taken Off?
Quote:
and just to let you know he will not be able to enlist into the military until 6 months after probation witch he will get and they are BS you can re-enlist with a petty,gross, misdemeanor BUT not a felony
Not necessarily

It depends on which branch of service

It primarily depends oh how the military will view this . . . some violations which are Misdemeanor in the civvy world, are classified as Felony in the military

Also . . . a criminal record after military service is a disqualification
sometimes
__________________
If you thrust your head into the lion's mouth you should expect a nip or two around the neck, if not
complete decapitation
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
How To Get A Sentence Reduced Post-Conviction Relief 06-17-2008 07:41 AM
Can Careless Driving Charge Be Reduced? Careless Driving 04-07-2008 11:06 AM
Trying to Get a Reduced Sentence Sentencing 10-13-2007 06:08 PM
How Do I Ask For A Reduced Charge On A Ticket Speeding Tickets 04-11-2007 09:39 PM
Domestic violence reduced to a disorderly conduct charge Assault, Battery And Domestic Violence 05-28-2005 04:54 PM



All times are GMT -7. The time now is 03:38 PM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved