Persistent Domestic Violence Felony Charges

[jk]

My question involves criminal law for the state of: Missouri

I have a question regarding a plea bargain. If I were to take a plea bargain of misdemeanor domestic assault while under my charge judgments it states that I am a persistent domestic violence offender, would I be sentenced as a persistent offender?

Charge/Judgement
Description: Domestic Assault - 2nd Degree-Persistent Domestic Violence Offender Pursuant To Sec. 565.063 { Felony C RSMo: 565.073 }

565.063
(3) "Persistent domestic violence offender", a person who has pleaded guilty to or has been found guilty of two or more domestic assault offenses, where such two or more offenses occurred within ten years of the occurrence of the domestic assault offense for which the person is charged; and

[2] Sentencing for either a persistent domestic violence offender or a prior domestic violence offender who pleaded or was found guilty under Section 565.072 exposes that person to an enhancement of his or her sentence to a class A felony. Section 565.063.14.


I have never been been found guilty or alleged of domestic assault before.

have you previously been convicted of DV within the preceding 10 years? In ANY state?

[Andrea80]

You provided very little information about the actual case so it is very difficult to give you any advice. You need to find a defense attorney who can evaluate your case:

- Was there any 3rd party witness?
- Has you wife filed for divorce (if you are married) or you're still together?
- Was there any injury that required medical attention?
- Who started and escalated the situation, were there any children at the premises?
- Have either party discussed what happened with others, is it consistent with the offense report?
- Is the "victim" credible or has any history of lying?
- Has the victim have any history of alcohol, drug abuse, child abuse etc?
- ...

DV cases are frequently won by skilled defense attorneys at court! There is nothing wrong with discussing the TRUTH(!) with your attorney or even on this WEB site.

[Junior1]

have you previously been convicted of DV within the preceding 10 years? In ANY state?

Never convicted or alleged of any kind of assault.

- - - Updated - - -

You provided very little information about the actual case so it is very difficult to give you any advice. You need to find a defense attorney who can evaluate your case:

- Was there any 3rd party witness?
- Has you wife filed for divorce (if you are married) or you're still together?
- Was there any injury that required medical attention?
- Who started and escalated the situation, were there any children at the premises?
- Have either party discussed what happened with others, is it consistent with the offense report?
- Is the "victim" credible or has any history of lying?
- Has the victim have any history of alcohol, drug abuse, child abuse etc?
- ...

DV cases are frequently won by skilled defense attorneys at court! There is nothing wrong with discussing the TRUTH(!) with your attorney or even on this WEB site.

-No third party witnesses, other than my dad the following day.
- We weren't married, and we're no longer together
- No medical attention was needed. She had alleged bruising, no pictures.
-She started and escalated the situation. In her statement used by the state it even says she was screaming at me to leave, tried once but the tire was flat, she screamed some more and I ended up walking two miles to get away from her.
-The offense report is a joke. First statement made in the report was the victims mother three days after when she showed up with an officer at the same time. Victim didn't give statement until 5-6 weeks later when she requested that charges be pressed.
- I don't really know about credibility, as far as being able to prove it. On the day the victim writes her first statement. (5-6 weeks later and while in the police officers office) the mother prints out facebook messages between the mother and I. In the screen shot you can see messages from the victim and her mother, and the only thing you can read is the victim says "She feels like its her fault". This evidence is used by the state. I'd love to get the rest of the conversation.
-No history of the victim and abuse.

My attorney may be skilled, but she is most definitely NOT trying to win this case. She's allowed this persistent domestic violence offender status stay up with not addressing it one time. If I had taken the misdemeanor deal she tried to talk me in to (before giving depositions to the victim or doing anything that could help me in the case I want to add) I could have been tried and sentenced as such. That is what has me trying to figure this thing out on my own. A lot of people keep saying just get another lawyer, but it's not that easy. I have paid her in full A LOT of money, and while I'm just now in the second year of owning my own business, I can't afford another one without my business going under. So.. just seeing what my other options are.

[cbg]

This OP has decided that he understands the rules of evidence better than his attorney does and that if the attorney has not done something it's because she's incompetent. Couldn't possibly be that the OP doesn't know what is and isn't permissible under the law.

[Andrea80]

I would suggest, you plead not guilty. Lawyers sometimes try to pressure clients into pleading guilty because that's the easiest and least time consuming way for them close the case (I saw it first hand many times). If you have concerns about your attorney's work you need to raise your concerns to the judge and may need to hire a different attorney. If you lose this case you will have lot bigger problems than just losing your business. You need to make sure the proper motions are filed (like request to disclose expert witnesses, exclude hearsay evidence etc).

I personally don't see how they made a case out of this if the first statement was made 3 days or weeks (more than 24 hours) after the incident without any documented injury and in case this ever make it to trial I don't see how this fact will not cast serious doubts in the mind of the jury. Anyways, pleading guilty would not give you any advantage you just give up your right to a fair trial. Fb messages, your mother-in-law's thought are all irrelevant, your ex-gf and your testimony are the only ones that are relevant (after making sure hearsay is not presented).

[Junior1]

I would suggest, you plead not guilty. Lawyers sometimes try to pressure clients into pleading guilty because that's the easiest and least time consuming way for them close the case (I saw it first hand many times). If you have concerns about your attorney's work you need to raise your concerns to the judge and may need to hire a different attorney. If you lose this case you will have lot bigger problems than just losing your business. You need to make sure the proper motions are filed (like request to disclose expert witnesses, exclude hearsay evidence etc).

I personally don't see how they made a case out of this if the first statement was made 3 days or weeks (more than 24 hours) after the incident without any documented injury and in case this ever make it to trial I don't see how this fact will not cast serious doubts in the mind of the jury. Anyways, pleading guilty would not give you any advantage you just give up your right to a fair trial. Fb messages, your mother-in-law's thought are all irrelevant, your ex-gf and your testimony are the only ones that are relevant (after making sure hearsay is not presented).

Unfortunately, I'm pretty sure I know why this has been able to go on in the fashion that it has. Any person who looks at what is involving this case would see they're giving me the "run around". It's my last name and the nature of my business. I'm not just assuming that statement either. It's actually very disturbing, which has made me freak out trying to get second opinions. I had a lawyer stop by yesterday and was bewildered as to how this got picked up by the state. Told me he would do something in complete contradiction of my current lawyer, that I thought was a good idea. He wants/needs five grand however. Sooo..... I'm not saying that it won't happen, but there's no possible way I can make that happen by next court appearance.