Results 1 to 2 of 2
  1. #1
    Join Date
    Aug 2010
    Location
    washington state
    Posts
    1

    Default Assault 2 DV

    My question involves criminal law for the state of: washington state

    I was arrested on sunday the 8th for assault 2 dv in washington state. My roomate and i were on 3 different benzodiazepienes and alcohol, she thought i hid her wallet from her. Which i didn't and when she couldn't find her wallet she became enraged. She demanded to leave the apartment, which than I took her cell phone, as we were struggling for the cell phone i overpowered her and accidentally caught her with my elbow and it hit her eye, her friend showed up then they called her mom, her mom made her call police thinking she was beat up,she didn't admit she was high to the police out of fear of being arrested. Also she said i tried to drag her back inside the apartment but i was trying to hold her and let her know it was an accident. The judge released me the next day,her mom made her file a temp order of protection, which she isn't going to show because she knows i'm not guilty of assaulting her and that it was a accident. After the court date she plans on writing me an email and texting me that she knows i didn't assault her and that we were both high and she felt intimidated by her mom and the police to have me arrested. The Sheriff that arrived during the incident told them that i went to high school with him and told them that i have a bad reputation. She felt pressured to file the report due to these matters. Nothing was intentional and it was an accident.

    If i am charged and it goes to trial she will admit we were high and it was an accident. Would the email and text and her not showing at the restraining order hearing be enough to not be charged or found not guilty in case of trial.

    Also can the prosecutor still charge me for this crime if she recants her story and also the facts the sheriff pressured her to file this report.

  2. #2

    Default Re: Assault 2 DV

    Quote Quoting kingmel
    View Post
    My question involves criminal law for the state of: washington state

    I was arrested on sunday the 8th for assault 2 dv in washington state. My roomate and i were on 3 different benzodiazepienes and alcohol, she thought i hid her wallet from her. Which i didn't and when she couldn't find her wallet she became enraged. She demanded to leave the apartment, which than I took her cell phone,
    She's an adult. She gets to leave if she wants to. You have no legal authority to prevent her from leaving, or taking her cell phone. These weren't accidents...these were actions you CHOSE to take, regardless of the intention.


    as we were struggling for the cell phone i overpowered her and accidentally caught her with my elbow and it hit her eye,
    So she received an injury while you were unlawfully attempting to detain her. That fits the description of a battery. Since you were living together, it becomes a domestic battery.

    her friend showed up then they called her mom, her mom made her call police thinking she was beat up,she didn't admit she was high to the police out of fear of being arrested. Also she said i tried to drag her back inside the apartment but i was trying to hold her and let her know it was an accident. The judge released me the next day,her mom made her file a temp order of protection, which she isn't going to show because she knows i'm not guilty of assaulting her and that it was a accident.
    Guilt will be for a jury to decide (unless you plead out). The injury might have been accidental, but the injury OCCURRED in the course of your unlawful attempt to detain her. If she doesn't show to the restraining order hearing, then the order will be dropped, but the same facts will apply to the criminal case. You simply don't get to physically prevent other people from leaving.


    After the court date she plans on writing me an email and texting me that she knows i didn't assault her and that we were both high and she felt intimidated by her mom and the police to have me arrested. The Sheriff that arrived during the incident told them that i went to high school with him and told them that i have a bad reputation. She felt pressured to file the report due to these matters. Nothing was intentional and it was an accident.

    If i am charged and it goes to trial she will admit we were high and it was an accident. Would the email and text and her not showing at the restraining order hearing be enough to not be charged or found not guilty in case of trial.

    Also can the prosecutor still charge me for this crime if she recants her story and also the facts the sheriff pressured her to file this report.
    Regardless of who told law enforcement what or what their motivations for reporting were, the DA will look at the facts of the case (she received injury at your hands while you were in the midst of an unlawful action) and will either charge, bargain, or drop based on those facts. In DV cases, they actually EXPECT victims to change their stories, so they pretty much let it go in one ear and out the other. Intent isn't an element of the crime, and the fact that the injury was inflicted accidently isn't the issue - the issue is the unlawful use of force by you to get her phone and keep her from leaving. You need to be speaking to a criminal defense attorney and ONLY your attorney, ASAP. (Talking to others about it could mean that THEY get called to the stand against you.)

    1. Sponsored Links
       

Similar Threads

  1. Sentencing: Penalties for Assault GBI and Assault With a Deadly Weapon
    By dmatin in forum Criminal Procedure
    Replies: 1
    Last Post: 08-21-2011, 08:33 AM
  2. Assault & Battery: Simple Assault Charge with Prior 3rd Degree Aggravated Assault Felony
    By Annie14 in forum Criminal Charges
    Replies: 1
    Last Post: 04-06-2011, 06:46 PM
  3. Assault & Battery: Assault Second Degree or Assault with a Deadly Weapon
    By rob234 in forum Criminal Charges
    Replies: 1
    Last Post: 03-21-2011, 09:47 PM
  4. Assault & Battery: Simple Assault and Assault Causing Bodily Harm by Broken Nose
    By p_llovers in forum Criminal Charges
    Replies: 1
    Last Post: 11-04-2008, 04:25 AM
  5. Sexual Assault Victim Arrested After Assault by Atlanta PD
    By cry4help in forum Police Investigations
    Replies: 1
    Last Post: 08-14-2008, 12:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources