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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 03-11-2009, 06:40 PM
salmaster salmaster is offline
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Default I Was Charged with Assault
My question involves criminal law for the state of: VA.
I was charged with a class 1 misdemeanor VA crime code ASL-1315-M1 and code section 18.2-57.2. The accuser, my son and just turned 18, went to the Police indicating that he wanted his things out of the house because he was assaulted. Short story of incident: he was using my work laptop and was told to log-off. 5 minutes passed and he did not want to log-off. I close the laptop lid and he started throwing punches. I held him down and had to pin him to the floor and asked to cool off so not too heard me or heard himself. My wife came in and separated us. He immediately grabbed his things and left the house. Two days later sent text messages asking for his items. He was told to get them and return the house key in exchanged. After several test messages, he sent us another text indicating that he was going to the police if we did not return his stuff. That he was going to accused me of assault. My wife indicated that she could hear a voice in the background providing coaching. The key was not part of the deal according to my son. My son was diagnosed with Oppositional Defiance Disorder and has a documented medical record of aggressiveness to the point of actually leaving marks on his sister (we have pictures) and his step-mom (she keeps a diary documenting every incident since 2002). There is much more informatin and incidents available, but too long to list.
He found out through the family that we have all this information and now wants to withdraw the charges; however this charge was made by the Police, not my son. It has to go to court.
I have all the evidence to demonstrate his real character and known behavior. So, how this things usually go in court? I have never been charged of anything; and going through the picture and fingerprint taking was a very humbling experience. I do not want for him to get in trouble, but I have three other minors to protect and care for. I have protected him too long. I am also in the military (24 years) and could also get me in more trouble (I already informed my supervisor).
Are the judges going to look at my side of the evidence too? Are there any consequences for his lying and making false accusations? What about the blackmailing/extortion? What should I expect?
Thanks for the advise.
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Old 03-13-2009, 09:27 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: I Was Charged with Assault
You should get help from a criminal defense lawyer. Do not expect it to be easy to bring in past incidents - you aren't on trial in relation to those incidents, only for the one where you pinned him and held him down until your wife broke things up.

If the judge or jury believes the accusation is false after a trial, you can expect to be acquitted. What about extortion or blackmail? I dunno. You haven't told us anything about extortion or blackmail.
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