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  1. #1
    Join Date
    Dec 2010
    Location
    michigan
    Posts
    4

    Default Aggravated Assault, First Time Charge

    My question involves criminal law for the state of: Michigan.
    What would be the best "plea" for him to make which will grant him probation, no jail time and no felony record?
    I am a victim of aggravated assault by my ex. We were out late, both had been drinking. We got into an arguement which resulted in me breaking my arm. There were witnesses. Most saw only the end result (which visually was gruesome) and one other claims to have seen the entire incident. The witnesses saw him strike me. The police took him to jail and the ambulance took me to the hospital. I had to have surgery as a result. Our relationship had been strained even before this happened. In my police report (in my drunken state) I gave my honest feelings about our relationship, how I was treated by him and afraid of him. These things were VERY true, but because of the excitement of the situation, it sounds like he is a monster to anyone reading it. Sad, but true, it was difficult being with him as belittled me daily and didn't respect me. He would never yell or argue... he was usually quiet. Despite the bad things, we would do things together ALL the time, we were extremely close and we lived together. but his verbal abuse of belittlement just tore me down emotionally. I was always afraid he'd have a breaking point moment and may harm me. I am not with him anymore. I feel horrible about the entire situation. I want him to undersand that treating people this way is not good at all, but I do not want him to suffer by getting a felony record for this. I also don't want him to have to go to prison. I have sought much legal advice on the matter. Everyone is saying that the end result is what the prosecuter decides. I want to have the charges lessoned to a misdemeanor and ask for some type of settlement or agreement for him to pay restitution for my hospital bills. Is there any way to do this? He has a lawyer and is set for pre-trial. I am not emotionally going through anything. I know that NO ONE has any right to put there hands on anyone and I am not excusing him for doing it either. Our relationship just was not a good fit like we thought. I DO NOT believe that he is harm to society or other women. He has NEVER had a history or even a hint of physical abuse in his past at all. Like I said, there has been a lot of strain in our relationship adding up to this moment.
    Is there any way for me to talk w/the proscecuter and/or write the judge a letter stating my opinion of the matter? Can I ask for a lessor charge or drop them all together and ask for an agreement between me and my ex for restitution. I know that he would pay for my hospital bills. Maybe we all can agree on a monetary settlement, counseling for him, and probabtion? I also know that this is a 'STATE' matter and not me vs him. What can I do? ***ALSO - if this doesn't work what would be the best "plea" for him to make which will grant him probation, no jail time and no felony record?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: Aggravated Assault (Fisrt Time)

    The best plea is NOT GUILTY -- I WANT A LAWYER.

    It's the state that prosecutes criminal cases. Many prosecutors are disinclined to be believe recantations or pleas that their domestic battery is somehow OK.
    You don't get to play let's make a deal, but you can certainly talk to the prosecutor or the victims advocate to try to enhance your situation.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Aggravated Assault (Fisrt Time)

    He screwed up,he got what he deserves,don't worry about things u can't control. If he gets off w. felony probation he should consider him self lucky,he was at fault,jail time is a realistic outcome.

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