Extortion Demand by a Spouse Who is Pressing Domestic Violence Charges

My question involves criminal law for the state of: Mississippi

My wife attacked me because I picked up her cell phone. She came running at me, arms flailing. I put up my hand to block her. She bounced off of me and got a bloody nose. She smiled and said something about how screwed I was now. She went to the hospital and was diagnosed with a nondisplaced nasal fracture. The medical report says no further treatment is necessary, except for ice and Advil.

An hour later, I was arrested. I spent two long days in county jail and am now out on bond. The police report says she stated she ran after me to prevent me from looking at her phone and struck me in the stomach and was hit back. After getting out of jail, she texted me that she knew it was just a reaction and couldn't believe I went to jail for it.

Since then, she has spoken to the cop several times and eventually changed her narrative. She decided it was no longer an accident and spent several days reminding me I was out on bond and anything I do to anger her would result in her calling the police and having me arrested again. Then the bomb dropped. In a recorded call, she tells me that she will only testify that it was an accident if I pay her $500,000. She said, "We'll call it a divorce settlement." Her father reiterated the sentiment by texting that she will not testify that it was unintentional, until she has what she wants in writing. She also cleaned out the bank account of over $60,000 and will not give me access to any of it.

The prosecutor says he cannot drop the charges, because they were brought on by the cop and he is the only one that can drop them. The cop refuses.

My area is very hard on DV cases and almost always sides with the woman. My lawyer tells me that I am not entitled to a jury trial, but I believe the U.S. Constitution says otherwise.

The judge did not order a TRO on me, but I sought one after the threats and it was granted.

My questions are: Am I entitled to trial by jury and would you seek to press charges for assault and extortion on the wife?

Thanks in advance for your help and comments.

Pursuant to the U.S. Supreme Court’s decision in Baldwin v. New York, 399 U.S. 66 (1970), the U.S. Constitution only requires a jury in a criminal case where the potential maximum sentence the defendant faces is 6 months or more in jail or prison. So whether you are entitled to a jury depends on exactly what charge(s) you face and what the potential sentence you face if convicted.

As for whether to make the complaint to police about her assault of you and the offer to change her testimony in exchange for cash, that’s a decision you must make based on your particular cirumstances. I don’t know all the details of your situation, nor have I heard the recording you made of that conversation. I suggest you consult your attorney on this issue.

According to the Mississippi penal code, if you are charged with simple domestic violence it carries:

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Simple domestic violence in Mississippi carries the same penalty as simple assault -- up to six months in jail or a $500 fine

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..., so in that case you are entitled to a jury trial.

There are lots of information about DV on this site http://www.dvmen.org/dv-6.htm#pgfId-1027493, you may read it through.

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Quoting iknowalittlebit

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My question involves criminal law for the state of: Mississippi

My wife attacked me because I picked up her cell phone. She came running at me, arms flailing. I put up my hand to block her. She bounced off of me and got a bloody nose. She smiled and said something about how screwed I was now. She went to the hospital and was diagnosed with a nondisplaced nasal fracture. The medical report says no further treatment is necessary, except for ice and Advil.

An hour later, I was arrested. I spent two long days in county jail and am now out on bond. The police report says she stated she ran after me to prevent me from looking at her phone and struck me in the stomach and was hit back. After getting out of jail, she texted me that she knew it was just a reaction and couldn't believe I went to jail for it.

Since then, she has spoken to the cop several times and eventually changed her narrative. She decided it was no longer an accident and spent several days reminding me I was out on bond and anything I do to anger her would result in her calling the police and having me arrested again. Then the bomb dropped. In a recorded call, she tells me that she will only testify that it was an accident if I pay her $500,000. She said, "We'll call it a divorce settlement." Her father reiterated the sentiment by texting that she will not testify that it was unintentional, until she has what she wants in writing. She also cleaned out the bank account of over $60,000 and will not give me access to any of it.

The prosecutor says he cannot drop the charges, because they were brought on by the cop and he is the only one that can drop them. The cop refuses.

My area is very hard on DV cases and almost always sides with the woman. My lawyer tells me that I am not entitled to a jury trial, but I believe the U.S. Constitution says otherwise.

The judge did not order a TRO on me, but I sought one after the threats and it was granted.

My questions are: Am I entitled to trial by jury and would you seek to press charges for assault and extortion on the wife?

Thanks in advance for your help and comments.

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Obviously there was either a divorce pending or there is one getting started now.

I think that you should get yourself an attorney and rely on the advice of the attorney.

I suspect that you did not simply "pick up her phone". Then, when it obviously upset her that you picked up her phone, instead of putting it down or handing it to her, you put up your hand to block her and she ended up with a bloody nose and a trip to the ER.

You may have a hard time convincing a judge or jury that you were not the aggressor, since you had no injuries and she did.

So, you tried to go through your wife's phone. She tried to get it back from you and you hit her and broke her nose, huh? Now, instead of going to court and testifying against you, she's willing to hear you out in your plea to keep her from going to court and testifying against you, she's willing to walk away from you and let you continue your life with a clean record. Now, you want to use that against her and claim that she is trying to extort you.

You need to seek out an attorney. Anything that you say is going to be turned around and used to make you as the aggressor. Judging by the narrative that you gave, that would be about accurate. Her going to the ER because of you "blocking" her and breaking her nose is unrealistic. I would probably not attempt to have her charged with anything due to the fact that more than likely, you'll come out looking worse than you already do.

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Quoting viol8te

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So, you tried to go through your wife's phone. She tried to get it back from you and you hit her and broke her nose, huh? Now, instead of going to court and testifying against you, she's willing to hear you out in your plea to keep her from going to court and testifying against you, she's willing to walk away from you and let you continue your life with a clean record. Now, you want to use that against her and claim that she is trying to extort you.

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She IS trying to extort him. The OP's guilt or innocence is irrelevant here. The OP can be guilty and be a victim of extortion at the same time.

I know, but knowing women beaters as well as I do... he's more than likely lying through his teeth.

viol8te get counseling. She is trying to extort him and that is a crime. You quite frankly are not in a position of unbiasedness.

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Quoting Ohiogal

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viol8te get counseling. She is trying to extort him and that is a crime. You quite frankly are not in a position of unbiasedness.

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Is she trying to extort him or is there a divorce in process and she thinks that 500k is a fair share of the marital assets?...as in, give me my fair share of the marital assets and I will try to make this go away?

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Quoting llworking

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Is she trying to extort him or is there a divorce in process and she thinks that 500k is a fair share of the marital assets?...as in, give me my fair share of the marital assets and I will try to make this go away?

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That's all I'm saying. If dude is really had $500k, he wouldn't be on a free forum asking for input.

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Quoting viol8te

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I know, but knowing women beaters as well as I do... he's more than likely lying through his teeth.

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I was married to my first wife for 26 years and she is the first to come forward and say there isn't a violent bone in my body. Your "knowing women beaters" has nothing to do with me.

To everybody else, thank you for your input.

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Quoting viol8te

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That's all I'm saying. If dude is really had $500k, he wouldn't be on a free forum asking for input.

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"Dude" does and "Dude" is represented by a competent law firm. "Dude" was merely seeking more information from what I thought was a competent group. You have swayed my belief in that theory.

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Quoting iknowalittlebit

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I was married to my first wife for 26 years and she is the first to come forward and say there isn't a violent bone in my body. Your "knowing women beaters" has nothing to do with me.

To everybody else, thank you for your input.

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"Dude" does and "Dude" is represented by a competent law firm. "Dude" was merely seeking more information from what I thought was a competent group. You have swayed my belief in that theory.

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Honestly, your post comes across as a "spin"...you may not have intended to spin anything but that is how it comes across. If it comes across that way to us, then how do you think its going to come across to a judge? If you have an attorney you should be relying on the advice of your attorney.

You are on a public internet forum asking about what your options are? You broke this woman's nose while refusing to give her back her phone. Forgive me for not giving you the benefit of the doubt. There are two things I don't play with Domestics and orders of protection. I am absolutely positive that a group of competent attorneys that you've shared your story and your evidence with would give you a much better rundown of your options, as opposed to a bunch of strangers that you never met. Furthermore, I am sure that you are aware that your version os more than likely to have one or two lapses of information. So, if your wife is truly extorting money from you, I am sure it wouldn't be hard to prove. If your counsel felt that you had enough evidence to push forward with going after her, I'm sure they wold have advised that. They didn't apparently. So, sorry dude. I'm sticking with my opinion. Sorry dude, that's what happens when you post to a public forum.

I just cannot believe that her nose got broken just because she ran into his upraised hand. Unless she was running at 100 miles an hour, he had to have used much more force than simply holding his hand up. Given that she probably wasn't running at 100 miles per hour, what she ran into was more likely his swiftly moving fist.

Amen...

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Quoting eerelations

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I just cannot believe that her nose got broken just because she ran into his upraised hand. Unless she was running at 100 miles an hour, he had to have used much more force than simply holding his hand up. Given that she probably wasn't running at 100 miles per hour, what she ran into was more likely his swiftly moving fist.

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Or the swiftly moving ball of his hand...it probably would have done the same damage as a fist...however, swiftly moving is the key here.

Also, if you are intending to block someone, you go for somewhere on the torso, not on the face.

Or you step aside or run away, or even...ta-da!...hand her the phone!

Thanks again for all the input. I was hoping for another set of opinions to compare with the advice of my lawyers, but instead I was tried and convicted by this forum's members.

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The medical report read "Possible nondisplaced fracture. No further treatment needed. Take Advil if necessary." She got a bloody nose. For those saying I didn't give her the phone or took it away from her, they are wrong. I picked it up and when I looked up she was running towards me. The incident lasted less than a second. I am confident on what had happened and how it will go in court. Her statement reads exactly the way I described it. She did not press charges against me. She went to the ER for the bloody nose and they called the sheriff. The deputy filed the charges, because he said they have a 100% arrest mandate for all instances like this. My question was about the after effects, the changing of the story, and the demand for money.

You can raise your hand to cover your face in order to block an oncoming attack without thinking twice about it. If anything, I'd consider it a normal reaction to someone who sees someone else coming at them with an obvious intention to hurt.

To automatically discount that possibility is, in my opinion, getting close to jumping down a very slippery slope. If you're trained or otherwise have the presence of mind to block the torso rather than your face when a screaming banshee is on the attack, well done - you're a better person than I.

And before I get jumped on, I am NOT saying that this guy is guilty, not guilty, acted appropriately, inappropriately, deliberately attacked her in response, or not - it's simply that the statement of "intending to block equals going for the torso, not the face" which fails miserably in my opinion.

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Quoting Dogmatique

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You can raise your hand to cover your face in order to block an oncoming attack without thinking twice about it. If anything, I'd consider it a normal reaction to someone who sees someone else coming at them with an obvious intention to hurt.

To automatically discount that possibility is, in my opinion, getting close to jumping down a very slippery slope. If you're trained or otherwise have the presence of mind to block the torso rather than your face when a screaming banshee is on the attack, well done - you're a better person than I.

And before I get jumped on, I am NOT saying that this guy is guilty, not guilty, acted appropriately, inappropriately, deliberately attacked her in response, or not - it's simply that the statement of "intending to block equals going for the torso, not the face" which fails miserably in my opinion.

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I put up my hand to block her. She bounced off of me and got a bloody nose.

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I have absolutely no idea if he is in the wrong or in the right.

However, all I know is that in the three times in my lifetime that I have been attacked by a screaming banshee is that my instincts were to throw my hands in front of my face, turn sideways and tuck up my shoulder. (the first time was an embarrassing moment as a teen between me and my sister)

Heck, I had the same reaction when a gas stove blew up in my face when I was in my twenties.

Again, I am not saying the OP is automatically the bad guy here. I am saying that he is going to have a hard time beating the DV rap, because she was bloodied and went to the ER, and he obviously had no documented injuries...and because his reaction could be viewed as offensive rather than defensive...particularly since he went for her phone rather than just leaving it alone.

Seriously...I watch all kinds of young people these days get absolutely RIDICULOUS about their phones...ridiculous about getting their hands on their partner's phones or ridiculous about keeping their phones away from their partner.

I am also saying that if a divorce was pending or about to start, that he is also going to have a hard time proving extortion.

He NEEDS a good attorney and not advice from an internet forum.

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Quoting viol8te

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That's all I'm saying. If dude is really had $500k, he wouldn't be on a free forum asking for input.

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If he doesn't have the money then it seems likely that her statement was hyperbole -- he was asking what would make her tell the police that he hit her in the nose by accident and she responded with an answer that was intentionally ridiculous.

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Quoting Mr. Knowitall

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If he doesn't have the money then it seems likely that her statement was hyperbole -- he was asking what would make her tell the police that he hit her in the nose by accident and she responded with an answer that was intentionally ridiculous.

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The woman's father repeated the demand for money. If the woman was joking, was her father in on the joke?

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Quoting viol8te

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I know, but knowing women beaters as well as I do... he's more than likely lying through his teeth.

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So "men beaters" are just fine? I don't understand why some people try to picture "women beating" as somehow greater crime than "men beating". Violence is violence no matter what sex the victim is! The OP was asking questions about the extortion his spouse is trying to pull through and if that's the case and there is evidence that will greatly impact his case!

Independent (read non-feminists sponsored) studies already show that males / females commit IPV at about the same rate yet violence against males is treated completely differently by law enforcement and society in general, males are often ridiculed as "grow some balls" and male beating females are often encouraged with the "you go girl" mentality. And some parents, especially the ones with young sons, do not necessarily agree with this mentality.

To apply a lot of leverage to ones point of view in getting money out of soon to be EX spouse does NOT necessarily fit the state definition of the crime of "extortion"

Lest OP be left in dust of economic warfare I suggest he get divorce counsel pronto.

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Quoting iknowalittlebit

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but instead I was tried and convicted by this forum's members.

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You were not tried nor convicted here, some members are voicing their opinion (biased or not) and it is up to you if you ignore some or not. Take it to a jury trial and let them assess the facts as a whole not by the pieces you provided here. Every DV case is different although a few (biased?) people describe all as "man beats woman". Your best bet is a jury trial as you have nothing to lose, and by pleading guilty you have nothing to gain. Again, read the content of the link I posted earlier.

A lot of people are skeptical by default about DV charges brought to spouses right before or during a divorce proceeding.

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Quoting Andrea80

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You were not tried nor convicted here, some members are voicing their opinion (biased or not) and it is up to you if you ignore some or not. Take it to a jury trial and let them assess the facts as a whole not by the pieces you provided here. Every DV case is different although a few (biased?) people describe all as "man beats woman". Your best bet is a jury trial as you have nothing to lose, and by pleading guilty you have nothing to gain. Again, read the content of the link I posted earlier.

A lot of people are skeptical by default about DV charges brought to spouses right before or during a divorce proceeding.

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"During" perhaps but right before...not so much. Why? Because what self respecting person would NOT file for divorce after being subjected to domestic violence?

Even "during" can be an issue because if they are still living in the same home, while a divorce is pending, tensions are extra high.

Yes, its possible that a false DV claim could be a tactic. However, its equally possible that its not, again, because tensions during a divorce are so high.

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Quoting Andrea80

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So "men beaters" are just fine? I don't understand why some people try to picture "women beating" as somehow greater crime than "men beating". Violence is violence no matter what sex the victim is! The OP was asking questions about the extortion his spouse is trying to pull through and if that's the case and there is evidence that will greatly impact his case!

Independent (read non-feminists sponsored) studies already show that males / females commit IPV at about the same rate yet violence against males is treated completely differently by law enforcement and society in general, males are often ridiculed as "grow some balls" and male beating females are often encouraged with the "you go girl" mentality. And some parents, especially the ones with young sons, do not necessarily agree with this mentality.

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Regardless of studies that may be found online, my answer was predicated by the narrative that the OP originated to start this thread. My answer is the result of looking at his version of events, the amount of damage that he caused and his actions that initiated the whole event. In my unit, my job os to challenge the perpetrator. In this scenario, by all accounts, OP was the perpetrator. If he wasn't based off his own narrative, he'd have a hell of a time trying to convince folks otherwise.

If this was a woman I was dealing with, I'd hold her accountable too. What OP has submetted to the group was a justification for his violence. Now, he is looking for approval for his actions amongst the internet to make it seem as if it was a normal "reaction" to an issue that he encountered. I go as hard as I am on this post because he is trying to victimize this woman even further by his own depiction of the events. If it were a woman, I'd go just as hard on her.

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Quoting viol8te

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Regardless of studies that may be found online, my answer was predicated by the narrative that the OP originated to start this thread. My answer is the result of looking at his version of events, the amount of damage that he caused and his actions that initiated the whole event. In my unit, my job os to challenge the perpetrator. In this scenario, by all accounts, OP was the perpetrator. If he wasn't based off his own narrative, he'd have a hell of a time trying to convince folks otherwise.

If this was a woman I was dealing with, I'd hold her accountable too. What OP has submetted to the group was a justification for his violence. Now, he is looking for approval for his actions amongst the internet to make it seem as if it was a normal "reaction" to an issue that he encountered. I go as hard as I am on this post because he is trying to victimize this woman even further by his own depiction of the events. If it were a woman, I'd go just as hard on her.

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Now that's intriguing. I realize it's going OT, but is there a reason behind how you phrased the underlined?

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Quoting llworking

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"During" perhaps but right before...not so much. Why? Because what self respecting person would NOT file for divorce after being subjected to domestic violence?

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Many DV victims suffer from markedly reduced self-esteem and thus, self-respect.

Otherwise it's too early for me, and I don't get your point.

Sorry.. :embarrassed:

You can find a study that supports whatever position you take in any topic. I followed that sentence with my opinion why I took the stance I've taken with this particular thread originator's post. My answeres are all predicated on what the OP himself has divulged. Not from studies found in written form. He has given the information from which I've formulated my opinion,

Whoa - I was only asking about the wording which suggests studies are fine, just not those found online.

Backing away now ...

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(In all seriousness - come on now. I worked alongside the FDA... I've never met a statistic that couldn't be fudged to support whatever angle you need it to support. Preach, choir, all that good stuff :) )

No butthurtness over here. I'm just saying that I individualize my responses based off the OP. The responses that I have gotten from some on this particular thread(not yours) indicates that some feel that I have a bias towards one gender over the other.

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Quoting Dogmatique

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Now that's intriguing. I realize it's going OT, but is there a reason behind how you phrased the underlined?

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Many DV victims suffer from markedly reduced self-esteem and thus, self-respect.

Otherwise it's too early for me, and I don't get your point.

Sorry.. :embarrassed:

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The following statement was made by the poster I was responding to:

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A lot of people are skeptical by default about DV charges brought to spouses right before or during a divorce proceeding.

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I was making the point that one really cannot assume that someone that was a victim of DV right before filing for divorce is manufacturing or embellishing the DV claim. The reason for that is that unless the victim has low self esteem or self respect, then of course they are going to divorce their batterer.

Yes, there are people who manufacturer or embellish DV issues DURING a divorce proceeding, but even then, during a divorce tensions are very high and DV can happen as a result...particularly if they are living in the same home pending the divorce.