Should You Fight a Domestic Assault Charge or Agree to Take Classes
My question involves criminal law for the state of: PA
Heres a brief overview of the situation. Person A is related to person B. Person A drank, came come and drank some more. Person A was cooking and person B came home and yelled at person B over the cooking because there was smoke from said cooking activity. Persons A and B engaged in an argument and at some point person A grabbed person B's arm and there was a red mark. Person A never hit person B. In the midst of this person A went on a drunken rage fuelled rampage breaking things in the house, so person B called police (not due to the red mark or grabbing of arms).
Person A has gone to the PD office and the person that person A spoke with said that the case was "bullshit", was extremely reassurring, and asked if person B would testify against person A and person A said no. That person said that the case would likely be thrown out because there would be no evidence without person B's testimony and "authentication" of photos of aforementioned red marm. Then after thr case is dismissed or found not guilty they would work on expungment of the chare from person A's record. Person B wants person A to come home, but there is a stay away order.
Person A has also spoken with an attorney who suggested mentioning said attorneys name at the preliminary hearing and requesting a continuance until person A can afford his very low fee (as long as the case did not go to trial). The charges are simple assault m2. Person A is concerned about the ramifications this charge would have on his rights and wants the charges expunged.
The person at the public defenders office said to person A that the options were (1) fight it or (2) take the proposed "domestic violence classes" which allegedly cost a "few hundred dollars," which person A cannot afford. If person A takes these classes, does that lead to dismissal of the charges and expungement?
So the questions here are: will they subpeona person B, or merely request that person B testifies? What is the better option, fighting or taking these classes? And finally, would it be better to ask for a continuance and the private attorney that person A trusts, or go with the PD?
This is person A's first offense.
Re: Should You Fight a Domestic Assault Charge or Agree to Take Classes
DV misdemeanors are still pretty ominous. You don't want to have this on your record. You don't even want to do the ARD they're talking about if you're innocent (or there is no case against you). Go with the PD or borrow money for private counsel (ditch the moron who suggested you go to the prelim unrepresented).
You can be assured they will subpoena the alleged victim. Note however, that assault doesn't necessarily mean injury. Just menacing the other party to put them in the fear of being injured is still assault.
Re: Should You Fight a Domestic Assault Charge or Agree to Take Classes
No one suggested going unrepresented. Person A has a public defender (at least that's what he was told: that the PD will be there on the preliminary hearing date). Person A's private attorney however suggested asking for a continuance at the preliminary, which would likely delay the case until 2016, in order to have time to acquire the money needed to hire him.
Re: Should You Fight a Domestic Assault Charge or Agree to Take Classes
Going to the preliminary without an attorney is being UNREPRESENTED. I don't know which county this is but it's probably wishful thinking that you are going to get a substantial continuance in order to obtain money to hire counsel. That's not how courts work.