My question involves criminal law for the state of:
My brother has been charged with Malicious Wounding. There was an incident at his house where his wife received a hairline fracture on her jaw and a possible broken nose. She has a known history of psychological problems and is on tons of medicine, however, she had stopped taking them at the time. They had an argument, he left, next thing he knows he has to turn himself in. She admits he didnt do it and she wants to drop the charges. She has left the state to get away from everything and because the court has said he cant be around her.
They have a child in common and still have plans to marry, but right now there is no communication allowed between them. She refuses to cooperate with the prosecution and been threatened by them at least twice already. They have told her she will lose her kids and be arrested if she doesnt cooperate. She is frightened now as well. From what I know, he has already retained counsel, but it seems like the DA in this matter wants him REALLY bad. He has no prior criminal record at all. They really want to just put this horrible incident behind them and move on with their lives and family together.
Is it possible the charges can be dropped?
Domestic Violence, Malicious Wounding Charges
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06-19-2008, 11:36 AMHarveyDomestic Violence, Malicious Wounding Charges
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06-19-2008, 11:46 AMMr. KnowitallRe: Domestic Violence, Malicious Wounding Charges
It sounds like your brother's problem is that the most credible explanation for his wife's injuries is her somehow repeatedly running face-first into his fist, and that her story of how she "accidentally" suffered the injuries after they had a big fight and he stormed out just isn't seen as credible.
It sounds like she needs a lawyer of her own. -
06-19-2008, 01:03 PMcdwjavaRe: Domestic Violence, Malicious Wounding Charges
In more that 75% of DV cases, the victim recants or refuses to cooperate within 48 hours of the incident. There are many reasons for this.
I have to agree with Mr. Knowitall, chances are the story of how she got her injuries does not pass the smell test. It is not difficult for a trained doctor to provide an opinion of how the injuries were obtained - or, at least, to form an opinion that they were not consistent with the alleged activity. Her injuries may no be at all consistent with someone running into a wall or falling down for instance.
It is amazing how many victims are willing to risk their families and their freedom to protect an abuser who would never consider doing the same for their victim.
- Carl -
06-19-2008, 02:06 PMHarveyRe: Domestic Violence, Malicious Wounding Charges
thanks for getting back to me guys. What does the court do in circumstances like this? Right now the only thing they have is a statement from her becuase she left immediately after the incident.
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06-19-2008, 02:22 PMcdwjavaRe: Domestic Violence, Malicious Wounding ChargesThey might delay the case and seek a warrant for her arrest. When she is in custody, then they might pursue it again.Quote:
Quoting Harvey
How many years is she willing to stay on the run? Depending on the state, they might have 3 or 5 years (maybe more) to bring charges against the defendant. She would have to stay gone until the statute of limitations expires to protect him. By then, she would likely lose her children and the warrant for HER arrest will remain indefinitely.
- Carl -
06-19-2008, 03:46 PMaaronRe: Domestic Violence, Malicious Wounding Charges
She has been warned that if she refuses to cooperate she risks losing custody of her children. I recognize that some people prefer that to losing a spouse, but most don't.
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06-19-2008, 04:07 PMHarveyRe: Domestic Violence, Malicious Wounding Charges
And this doesnt matter what state you're in?
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06-19-2008, 04:59 PMcdwjavaRe: Domestic Violence, Malicious Wounding ChargesState laws vary, but this sort of thing is pretty consistent nation wide.Quote:
Quoting Harvey
- Carl -
06-19-2008, 05:02 PMcyjeffRe: Domestic Violence, Malicious Wounding Charges
Just for the record....
Every single woman that gets beaten up is "psychologically unstable" and "off her meds" and "did it to herself" and the guy that beat her up is "really a nice guy that wouldn't do this".
Apparently, you have to look out for the nice guys marrying the crazy women. Like a match and gasoline, it is. -
06-19-2008, 05:48 PMHarveyRe: Domestic Violence, Malicious Wounding ChargesQuote:
Quoting cyjeff
wow thats an interesting statistic! Is that in a book somewhere?