Domestic Assault Charge After Swearing and Hitting a Car
My question involves criminal law for the state of: Missouri
Ok, I'll make this as short as possible. Wife and I are getting divorce. We argue and can't agree on anything, Imagine that. I carry the insurance on the cars, and she has her car that's in both our names, but she doesn't help pay for. One night she was letting her boyfriend drive the car, and he isn't covered under our insurance. I had it changed where only her and I can drive it. I kept telling him he needs to get out of the drivers seat, and he wouldn't. Unfortunately, I couldn't force him to. So, I went back inside and when my wife and I were leaving the basketball game, I kept telling her he needs to get out of the drivers seat of that car. She, of course, ignored me. She stopped to talk on phone, and I continued walking. Her bf drove right up to me in the parking lot, and I again said to get the f*** out of the drivers seat. He wouldn't, and I got pissed, and smacked the drivers mirror. The glass flew out of it. I went and got in my truck. My youngest came and yelled at me for it. I left and apparently she called the police. I received a call that I needed to come back or they would issue a warrant for my arrest. I came back, and the officer asked me what happened. I didn't say a word, and he wrote me a citation for assault. My wife was already gone, but had given a statement, and so had her bf. She didn't press charges, but since they wrote a citation, and took a report, I now have to go to court for a domestic violence charge. I never threatened him or her. Never went towards her, but since the dumbass cop didn't even care what I said, and wrote the ticket, I have to deal with this. I don't feel I should plead guilty or anything. My father was there, and could be a witness that she wasn't near me. My wife was at least 40-50 feet behind me, and I was walking away from her. I do have an attorney that is going with me on the first court date, which I guess is to basically argue with the prosecuting attorney about the charges. So my question is, what do I do? What should I agree to, and why the heck is this even happening when nothing happened, other then assault on my own cars mirror?
Re: Domestic Assault Charge After Swearing and Hitting a Car
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jellis4148
I came back, and the officer asked me what happened. I didn't say a word, and he wrote me a citation for assault.
However.........
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jellis4148
.......but since the dumbass cop didn't even care what I said, and wrote the ticket, I have to deal with this. I don't feel I should plead guilty or anything.
First, your have to get your story straight. Either you refused to say anything or you did make a statement and the officer ignored it. When you make conflicting statements like that, your credibility goes out the window and no one will believe you.
Next, let's assume you made no statement. Because you elected to say nothing in your defense, all the officer had to go on is the allegations made by your wife, her boyfriend and visible damage to the car. He wasn't there to see what went on, he had no crystal ball. All he can do is act on the evidence presented to him and because you elected not to say anything, that evidence weighed on the side of you having committed the offence. Issuing you a citation does not seem unreasonable under the circumstances. Next time you need to carefully weigh whether exercising your right to remain silent is going to cause you more trouble than its worth.
Regarding what to do, get a lawyer.
Re: Domestic Assault Charge After Swearing and Hitting a Car
Quote:
Quoting
jellis4148
My question involves criminal law for the state of: Missouri
Ok, I'll make this as short as possible. Wife and I are getting divorce. We argue and can't agree on anything, Imagine that. I carry the insurance on the cars, and she has her car that's in both our names, but she doesn't help pay for. One night she was letting her boyfriend drive the car, and he isn't covered under our insurance. I had it changed where only her and I can drive it. I kept telling him he needs to get out of the drivers seat, and he wouldn't. Unfortunately, I couldn't force him to. So, I went back inside and when my wife and I were leaving the basketball game, I kept telling her he needs to get out of the drivers seat of that car. She, of course, ignored me. She stopped to talk on phone, and I continued walking. Her bf drove right up to me in the parking lot, and I again said to get the f*** out of the drivers seat. He wouldn't, and I got pissed, and smacked the drivers mirror. The glass flew out of it. I went and got in my truck. My youngest came and yelled at me for it. I left and apparently she called the police. I received a call that I needed to come back or they would issue a warrant for my arrest. I came back, and the officer asked me what happened. I didn't say a word, and he wrote me a citation for assault. My wife was already gone, but had given a statement, and so had her bf. She didn't press charges, but since they wrote a citation, and took a report, I now have to go to court for a domestic violence charge. I never threatened him or her. Never went towards her, but since the dumbass cop didn't even care what I said, and wrote the ticket, I have to deal with this. I don't feel I should plead guilty or anything. My father was there, and could be a witness that she wasn't near me. My wife was at least 40-50 feet behind me, and I was walking away from her. I do have an attorney that is going with me on the first court date, which I guess is to basically argue with the prosecuting attorney about the charges. So my question is, what do I do? What should I agree to, and why the heck is this even happening when nothing happened, other then assault on my own cars mirror?
Its time for a little reality check.
You are angry that you are getting a divorce and angry that your wife has a boyfriend. So, once you noticed him driving HER car (yes, its her car even though its technically in both of your names) you decided to be a little childish and changed the insurance so that only you or she could drive the car.
When your attempt at controlling your wife failed, you lost your head momentarily and reacted with violence...enough violence to damage the car and to cause your wife and her boyfriend to call the police...which resulted in a DV citation for you.
For your sake and the sake of any children that you share, its time for you to understand that you have absolutely zero control over your wife, and that being angry and letting your temper snap like will only harm you and your children and make life infinity worse.
You view it as a case of you doing nothing more than damaging your own car...however, that is not the way that the rest of the world views it. You got violent. It does not matter that the violence only resulted in a damaged car and not an injured person.
Be smart. Put the insurance back the way that it was since you know someone other than you and she is driving the car. Do not saddle yourself with potentially liability like you have. Remember the very best thing for your children is to never see mommy and daddy in a situation like that one, ever again.
Re: Domestic Assault Charge After Swearing and Hitting a Car
Ok, I have a lawyer. Just wondering how it's going to play out. Insurance company to set up insurance that way so she can't change the policy. Yeah, I was pissed about car, but I never threatened anyone. Anyway, I still don't think it should be DV. Just wondering what will probably happen. I don't want the DV cause I'll lose my conceal carry and my ability to own a gun, plus being on my record and future employment.
Re: Domestic Assault Charge After Swearing and Hitting a Car
So, no one has some kind of answer? I have 0 prior's. Only thing I've ever had is speeding tickets.
Re: Domestic Assault Charge After Swearing and Hitting a Car
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jellis4148
So, no one has some kind of answer? I have 0 prior's. Only thing I've ever had is speeding tickets.
That's what your lawyer is for.
For what its worth, the cop wasn't the dumbass in this situation.
Re: Domestic Assault Charge After Swearing and Hitting a Car
Why is this happening? Because you lose your cool, got angry, and made a display of physical violence in the presence of your wife and her boyfriend, resulting in damage to what is effectively her car. And while your wife may have been 50 feet away, her boyfriend was basically right next to you. That makes it look like threatening situation; if you are angry enough to break her car mirror with your bare hands you might be angry enough to hit someone. Breaking stuff and showing physical violence in the presence your wife, girlfriend, or other family member is pretty much a guaranteed citation/arrest for domestic violence in a lot of states. The officer had only your wife’s statement, her boyfriend’s statement, and the damage to the mirror to go by since you evidently decided not to give a statement. No big surprise to me that you were cited given what you stated here. You will have to learn to control your anger and avoid such displays in the future or you will incur more charges.
Since you were evidently just issued a citation and were not taken to jail or to court that day your first court appearance will be your arraignment and possibly a bail hearing. The arraignment is where you are formally advised of the charges against you and you enter your plea to those charges. The typical arraignment hearing only lasts a few minutes. Your lawyer and the prosecutor might discuss a possible plea deal that day or they might not. Until you have heard what deal, if any, the prosecutor offers and your lawyer’s assessment of how likely it is that you will get convicted if you go to trial it is impossible to suggest what you ought to do. You have a lawyer and you ought to listen to the advice he or she gives you.
Note that a conviction on domestic violence charges may make things more difficult in your divorce when it comes to the issues of support and visitation with your kids.
Re: Domestic Assault Charge After Swearing and Hitting a Car
Ok, ok. Yes I was angry. Seriously large amount of emotions going on with both of us. I had no intention and didn't say anything threatening to anyone. My mother and father were both witnesses to what happened, and what was said. No, I shouldn't have done it, but that can't be changed now. I know my soon to be ex didn't press charges. I know that doesn't matter to Prosecutors on a DV case anymore. I would think I could negotiate this down to something less. It seems it will be a misdemeanor since no weapons, and no one was injured or even touched. I left after it happened, and my mother called me, and said the police are asking me to come back so they don't have to issue a warrant. So, I came back. I did ask them at the time if I was under arrest, and that's when they finished writing the citation. They had already wrote it out before asking me anything. All I did was smack the mirror, and the glass popped out. Actually didn't think I hit it that hard, but obviously did. Yes, her boyfriend was in the car, and it was locked with windows up, but they can still consider that as putting him in the apprehension of danger. It was stupid. We are 50/50 split with the girls right now, and I don't want to lose that. My girls are what's most important to me. I'm hoping to get it dropped down to something quite a bit less. I'm going to have to fight it to keep that from happening if that doesn't happen. Only advantage I have is, my lawyer is friends with the prosecutor, and a friend of mine's dad plays golf with the prosecutor almost every weekend. He said he would say something to him.