Criminal Charges After a Domestic Dispute

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

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Quoting Usmc

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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

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What do you mean you were "pressured" by your "chain of command?" Did this happen on base?

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.

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

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Quoting Usmc

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I guess I wanted can they legally use that in a court of law.

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Use 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).

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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.

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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?

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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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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.

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.

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

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Quoting Usmc

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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

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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.

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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Quoting Usmc

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The weapon was not a firearm she is a first time offender I am way bigger than she is

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Your 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.

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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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Prison's almost certainly not going to happen. When she can come home is a different issue and up to the courts.

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And my command are the ones who called the police

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So, after this incident you called your command? Or did she?

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".

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

This is how it works (the much simplified version)

1. She's overstayed her visa
2. There are only one or two ways she can do this and adjust her status - marriage is one (I'm assuming that's what's happening, yes?)
3. Even if she's currently a permanent resident (which, by your words, she is not) her visa can be revoked at ANY TIME once USCIS gets wind of things...you DO intend to tell USCIS the truth, I take it?
4. If she is convicted, game over. She will be placed in removal proceedings.
5. Even if she is not convicted, the charges alone may place her residency in jeopardy. Again, you don't intend to lie, right?


Do you realize that both of you will have to be interviewed at some point by USCIS? And you'll be asked certain questions? And by that point they'll have both of your criminal records?

You are in a serious case of denial. Unfortunately for you it appears he/she is going to take you down with them.

You've got to understand. Her status here is decided by USCIS. She is here by their good graces. She messes up? She's going home.

Out of interest (and yes, it may make a difference) which visa did she overstay?

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Quoting Disagreeable

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You are in a serious case of denial. Unfortunately for you it appears he/she is going to take you down with them.

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Well, I suppose I could've just said that lol

Evidently I'm the talkative one tonight :D

She is a resident she has a us Id from New Mexico and a military Id through me. She has her own bank accounts and has been here for close to five years

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Quoting Usmc

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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.

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:eek:

Uh ... hmmm ... wow ... the Marines have certainly changed since way back when ... great to have an open mind, but I never thought I'd see the day ... huh ...

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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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Since none of us know what happened, none of us can possibly speculate as to what the odds might be that the DA will not pursue the matter, will offer a deal, or might throw the book at her.

If she is charged, she will also be eligible for publicly appointed counsel if you cannot afford an attorney.

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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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That's all they need. They subpoena you, and you tell them what happened ... the TRUTH. They don't need you to want to do it. As I said, they expect that you will not. And, depending on what county you're in, they might be very aggressive about pursuing DV cases whether you want it or not. When I was in S.D. County they were very agressive about pursuing them - not sure if that's where you are or not.

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Furthermore there is no immigration hold on her from what I have been told by the arresting entity

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If she was booked into the county jail on a felony, and she is an immigrant - legal or illegal - ICE should have been notified. However, if you are LEGALLY married that might prevent any immediate or near term action even if they were inclined.

How am I in denial

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Quoting Usmc

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She is a resident she has a us Id from New Mexico and a military Id through me. She has her own bank accounts and has been here for close to five years

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You said she overstayed her visa. Bank accounts and IDs matter not.

I also can plead the fifth and refuse to testify

As I said, you are going to let him/her take you down with them. Sounds like you deserve each other.

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Quoting Usmc

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I also can plead the fifth and refuse to testify

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It's not like I have to talk

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I really would appreciate it if you do not down talk me or my wife

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And she is a her not a him/her

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The fact we are married no difference whether she stays or not

Sigh. Let me try again.

Your wife apparently is not a US citizen.

If she is convicted, the odds are that her residency will be revoked. She will be in removal proceedings; she may or may not be placed in facility, but if they think there is a risk of her disappearing, she's not coming back to you any time soon.

If she is convicted AND she is not a legal resident AND she has overstayed her visa..well, the odds of all of this happening rise exponentially.

Is that any clearer?

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Quoting Usmc

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I also can plead the fifth and refuse to testify

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Nope. What crime did you commit that you would be confessing to if you testified? But, don't worry, the DA might be happy to grant you immunity so you can feel free to testify.

Sorry, but you don't have a right to avoid testifying as a witness under subpoena. In fact, you can be held in contempt if you refuse. And, at least when I was down south, the DA charged those crimes ... and, you can probably kiss your USMC career goodbye if you do.

Is there any possibility she will stay here and she will be back home with me

Unlikely under the circumstances. Hire her a good lawyer and watch the fallout. You are only required to tell the truth. You are not required to make it an emotional event. Spousal Privilage does not apply:
http://www.leginfo.ca.gov/cgi-bin/di...0&file=970-973

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Quoting Usmc

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Is there any possibility she will stay here and she will be back home with me

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Quoting Usmc

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Is there any possibility she will stay here and she will be back home with me

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Okay, good - now you're starting to understand the severity of the situation.

We're not saying this to scare you. It's just that you need to know the reality.

Back to your wife....

Read this:

http://www.nolo.com/legal-encycloped...eportable.html
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It's not 100% guaranteed that she'd be removed. But the chances are higher than high.

I really am just scared obviously I married her cuz I love her I am gonna get a lawyer and talk to the da today to see if she an at least stay here

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Quoting Usmc

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I really am just scared obviously I married her cuz I love her I am gonna get a lawyer and talk to the da today to see if she an at least stay here

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The DA has about zero say as to her immigration status. All the DA can do is decide on what criminal charges to bring.

Because in South America which is where she is from transgender people run the risk of getting killed and she is a good person she just messed she has a history of depression and I am currently in mental health and this is making my mental state a lot worse

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I get it but if I explain that this is a first time occur acne and she is not like this it's due to her transgender identity and depression maybe he will charge her as lieniently as possible

You really need to read this, too:

http://immigrationequality.org/issue...sed-petitions/

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Quoting Usmc

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Because in South America which is where she is from transgender people run the risk of getting killed and she is a good person she just messed she has a history of depression and I am currently in mental health and this is making my mental state a lot worse

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I get it but if I explain that this is a first time occur acne and she is not like this it's due to her transgender identity and depression maybe he will charge her as lieniently as possible

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Is she also on hormones? That has quite an effect on emotional stability, for someone also going through a depression, that is a hard thing to add onto it. What doctor is prescribing her hormones, you should talk to them about the effects, maybe if you had a better idea of what caused the outburst, you could talk to a lawyer and explain more of the specifics. She should be seeing a shrink.