My question involves criminal law for the state of: California. ok so here it is. Me and my wife got in a dispute Wednesday and she is now charged with an assault with a deadly weapon and an domestic assault. My question is as follows I did not want to press charges but was pressured into it by my chain of command and furthermore I was under the influence of alcohol when I made the police statement is there anyway I can argue that to the da or a lawyer can say that in the proceedings to get charges dropped or taken down to the absolute minimum
Criminal Charges After a Domestic Dispute
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12-08-2013, 08:02 PMUsmcCriminal Charges After a Domestic Dispute
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12-08-2013, 08:27 PMcdwjavaRe: Domestic DisputeWhat do you mean you were "pressured" by your "chain of command?" Did this happen on base?Quote:
Quoting Usmc
Understand that your inebriation will not likely be an issue. YOUR inebriation didn't make her attack you with a weapon or with force likely to cause great bodily injury or death.
And your wish to pursue charges or not is largely irrelevant since the state is the one pursuing the charges and with 75% of DV victims recanting, they rather expect you to backpedal.
You can speak to the DA if you wish. How much impact it might have depends on the practice of your local office. -
12-08-2013, 10:08 PMUsmcRe: Domestic Dispute
I guess I wanted can they legally use that in a court of law. It was not on base but they were telling me that if I don't press charges if this happens again I will be in serious trouble they influenced me a lot but I didn't want to press charges in the first place. She is also here on an expired visa I sustained no bodily harm aside from a small welt which did not come from the "deadly weapon" do you have any idea whether since a first time offender she will be charged lieniently and not put in prison
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Like does anyone know if she will face prison time -
12-08-2013, 10:15 PMcdwjavaRe: Domestic DisputeUse what? Your statement? Sure. Unless you were delusional and your minded wandered off into la-la land talking about pink bunnies and faeries, I suspect they'll be able to use any physical evidence they have and your statements concerning how she brained you with a frying pan (or, whatever).Quote:
Quoting Usmc
So ... your command was on the phone with you when the police were at the scene of the incident? Or, did you not bother to report this until you told your command?Quote:
It was not on base but they were telling me that if I don't press charges if this happens again I will be in serious trouble they influenced me a lot but I didn't want to press charges in the first place.
PRISON is not very likely at all unless she has a substantial criminal history or the weapon used was a firearm. Some jail time is a possibility, however ... depending on the details.Quote:
She is also here on an expired visa I sustained no bodily harm aside from a small welt which did not come from the "deadly weapon" do you have any idea whether since a first time offender she will be charged lieniently and not put in prison
A plea to a misdemeanor with some small jail time (possibly suspended), probation, fines, anger management counseling, and maybe a criminal protective order preventing or limiting contact with you are what will likely come from this. Again, this depends on the actual details. -
12-08-2013, 10:29 PMUsmcRe: Domestic Dispute
The weapon was not a firearm she is a first time offender I am way bigger than she is and my chain of command was there egging me on saying you better press charges and if that were me I would have body slammed her through a plate glass window and if I don't press charges if this happens again they will get me in trouble I want her to come home so we can work this out she is the love of my life and I am really nervous about prison time
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And my command are the ones who called the police -
12-08-2013, 10:30 PMDogmatiqueRe: Domestic DisputeQuote:
Quoting Usmc
She needs to worry about USCIS and deportation; depending on the circumstances she could be facing a lifetime ban. As in, she's going back and never returning. -
12-08-2013, 10:35 PMDisagreeableRe: Criminal Charges After a Domestic Dispute
It is nice you took an oath to defend the US against invaders, yet when sex is involved you have no problem breaking your oath. At least your superiors have a better sense of honor regarding the oath they took. Or do you call her a frenemie?
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12-08-2013, 10:39 PMcdwjavaRe: Domestic DisputeYour relative sizes is largely irrelevant when it comes to battery and assault charges. However, it could be used to show that she was forced to arm herself against you because you ARE so much bigger than she is.Quote:
Quoting Usmc
Prison's almost certainly not going to happen. When she can come home is a different issue and up to the courts.Quote:
I want her to come home so we can work this out she is the love of my life and I am really nervous about prison time
So, after this incident you called your command? Or did she?Quote:
And my command are the ones who called the police
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12-08-2013, 10:48 PMDogmatiqueRe: Domestic Dispute
Given the current political climate, if she's found guilty of a crime of this nature it's virtually guaranteed that she'll be going home. As in "home she came from, not the USA".
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12-08-2013, 10:59 PMUsmcRe: Domestic Dispute
How can she get deported when I am married to her working on getting her papers with my chain of command...and also I am not giving up my oath she is my wife who has mental issues that deal with her being transgender. I just wanted to know if I get her a lawyer will she likely beat it and come home to me
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One of my "buddies" called my chain of command and they called the police I am the only eyewitness to this case
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Furthermore there is no immigration hold on her from what I have been told by the arresting entity