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Strangulation and Battery, First Offense, with Mental Illness Involved

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  • 07-08-2009, 07:58 AM
    mentallyill
    Strangulation and Battery, First Offense, with Mental Illness Involved
    My question involves criminal law for the state of: Indiana

    What you should know:
    First off I suffer from two mental illnesses I will keep confidential and I had been on and off my medicine due to lack of insurance and abusing substance. The night this all happened I was with who is now my ex-girlfriend. Her and I had a history of being physical. Her family members always threatened to kill me, shoot up my family, etc. after seeing a few marks left on her. My family ignored the ones she left on me. It was pretty equally matched and the physical damage between us was usually about the same. Unhealthy, yes but it never got really out of hand. It ALWAYS happened when we were drinking too.

    The incident:
    She told me she wanted to end it. We were both pretty intoxicated and I am really not supposed to drink on my medicine as it counteracts. I allegedly planned on killing her and then doing myself in after so I allegedly put my hands around her neck and began choking her. :wallbang: It was stupid, I did everything out of desperation and blind madness. The police came and I was arrested. I guess I spilled the beans a bit on the allegations to the cop on my way downtown.

    The aftermath:
    I got out on bail and checked into a mental health facility to get a re-evaluation, medication adjustments and help getting on a plan to get them on a consistent basis, and some counseling that my family had been pushing me toward for a while. They diagnosed me with an additional illness I didn't know I had. When I left, I went to my court date and they changed it to a felony and I was arrested again. I got out on bail once again and got an attorney this time.

    The skeletons:
    After my recent hearing they re docketed a non violent misdemeanor case I am on the diversion program with and my attorney also mentioned a restraining order from a place I used to work. They fired me because a few employees felt "uncomfortable/not safe" with my mental illness.

    Main concerns:
    I pretty much admitted to the cop what I had done, I was intoxicated: any help there? The misdemeanor re docket, how will that effect my pending case? Can they do anything with the restraining order from my old job? This is my first offense in a violent crime. I am hoping for probation so I can follow through with my proper medicine dosages and therapy. I am afraid that may not happen though.
  • 07-09-2009, 08:34 PM
    Mr. Knowitall
    Re: Strangulation and Battery, First Offense, with Skeletons in the Closet
    Any help where? Confessing to attempted murder is not a good thing to do if you wish to avoid being convicted of a crime.

    If you were on a diversion program for another crime, you will likely have to now face that charge.

    You have a criminal defense attorney, so you need to be working with your lawyer.
  • 07-09-2009, 08:36 PM
    cyjeff
    Re: Strangulation and Battery, First Offense, with Skeletons in the Closet
    Your chances of probation are slim.

    If you are on probation for another crime, this is not your first offense, either.
  • 07-09-2009, 09:37 PM
    aardvarc
    Re: Strangulation and Battery, First Offense, with Skeletons in the Closet
    Part of incarceration is to punish...and part of incarceration is to protect everyone else. Being intoxicated when you know in advance that alcohol interferes with your meds is a wonderful arguement for the prosecution when they ask the court to lock you up for as long as possible since you've demonstrated that you're not willing or able to manage the issue.
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