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  1. #1
    Join Date
    May 2015
    Posts
    5

    Default Battery Charge Against a Spouse on a Conditional Green Card

    My question involves criminal law for the state of: Texas
    Hi,
    So, I came to US last year on fiance visa, we got married and now I have the conditional green card. Things haven't been going very well for us and two days ago we had an argument (again), things got out of hand, and she said something that snapped me and I just pushed her away. She called the cops saying that I choked her, while I did not. The cops inquired from us separately, and advised us to spend the night separately; they did not arrest me or anything but gave me a ticket which says "Assault Class C F.V", I haven't yet got any notice from any investigator.

    Now, the thing is that I told the cops everything honestly. I accepted that I had pushed her. Now, what are my prospects? What should I do? Will I get convicted of Misdemeanor class C (FV)? And if I get convicted of that, will I be deported? Is it a deportable offense? What if my wife tells the prosecutor that she takes back her statement. What will happen then?

    Thanks guys, really need some guidance.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    You need an attorney, one who is familiar with both criminal and immigration law.

    This is from USCIS: http://www.uscis.gov/iframe/ilink/do...L/SLB/act.html

    A bit more basic: http://www.nolo.com/legal-encycloped...eportable.html

    So many victims recant their statements that the State very often "expects" them to do so.

  3. #3
    Join Date
    May 2015
    Posts
    5

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    Thank you very much. The USCIS link that you gave. Under the deportable offenses it mentions two things that might relate to my case. It says under "Crime of moral turpitude" "a crime that can be punished with a sentence for a year or more". So, I don't think my ticket comes under that. But it also says under deportable crimes "Crimes of Domestic Violence". Do you think this Class C misdemeanor that I got (and the cops did not even arrest me), would it come under a crime of domestic violence that is a violent crime?

    Do you think a lawyer would be able to make these charges go away? So i don't get convicted? As it would be always on my record if I don't contest or plead guilty.

    Thanx

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    Domestic violence is a special category as far as USCIS is concerned and this is why you need an attorney. Even a domestic violence ticket can land you in deportation proceedings.

    Attorney! First thing Monday.

  5. #5
    Join Date
    May 2015
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    5

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    Thank you very much

  6. #6
    Join Date
    Feb 2014
    Posts
    52

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    Even if it is a class C misdemeanor it will still result a permanent criminal record if you accept the charges and very well can get you deported or not being able to remove the condition from your GC! Some counties in TX allow pretrial diversion and you must discover if this is an option to you or not since the level of "violence" did not really involve any kind of assault. Next time be smarter, what your spouse is doing is called "shit test", Google it, study it. Walk away, come back an hour later or go outside and call the cops before there is ANY physical contact if she does not leave you alone. Tell the cops she is nagging you and talk to her that you want peace and quiet at your legal residence. That way you have an official record that you were trying to keep things calm and she was the aggressor! And no snapping of any kind!

  7. #7
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    I will just reiterate that you absolutely must get a lawyer.

    It is possible (not guaranteed) that a lawyer can get your statement to the police suppressed. It is possible that your spouse will not cooperate with the prosecution of the charge. There are many possible avenues that might be helpful to you, and a lawyer can help you with that. This is not something where you want to go and plead your own case. You should not be speaking to the police or prosecutors, or anyone other than your lawyer, about this case.

    And then never EVER put your hands on her in anger again.

  8. #8
    Join Date
    May 2015
    Posts
    5

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    Hi thanx alot.
    I have talked to a couple of lawyers (who deal with minor cases like traffic tickets and similar stuff), they say that they will try to get a Deferred Adjudication on this and then later on will try to get expunction. These lawyers had some reasonable fees (like $250). I also talked to another lawyer who was demanding $2500 but he also said pretty much the same that he will try but its difficult to get these cases dropped. Yes, i am worried about the permanent record as well as deportation/difficulty in condition removal. I really have got myself in a fix here.

    Will try to look up this pretrial diversion that you mentioned. Thank you very much. Can you confirm whether it is a deportable offense or not?

    - - - Updated - - -

    Yes I am contacting lawyers. Thank you very much for some advice!

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    STOP.

    Read this if you can wade through it, or print it out and hand it to your attorney - and yes, you need an attorney who is extremely familiar with criminal law and how it impacts immigration.

    http://www.nationalimmigrationprojec...11_25_2014.pdf

    This is NOT a regular criminal case and frankly what Texas does is only half the story. The rules are very, very different.

    - - - Updated - - -

    And please, for your own sake, run from those attorneys whose experience is limited to traffic tickets and the like.

  10. #10
    Join Date
    Feb 2014
    Posts
    52

    Default Re: Battery Charge Against a Spouse on a Conditional Greed Card

    Deferred adjudication is a conviction! If you are charged with assault on a family member deferred adjudication will result a permanent criminal record that cannot be expunged! Your only option is to get the charges dismissed and later expunged! You need to make sure you understand everything and not your layer just do what he/she claims is the best for you!

    You can find more information here:

    http://www.ejfi.org/DV/dv-20.htm#consequences

    "A conviction, probated sentence, deferred sentence, deferred adjudication, or any form of plea bargain will result in a permanent criminal record.
    A plea of guilty (a plea bargain is a guilty plea), or no contest to the charge or a finding of guilt, will result in a criminal record even if the defendant is placed on probation or deferred adjudication and successfully completes the community supervision period.
    In Texas there are only two ways to remove a domestic violence arrest record. An attorney can have the records of arrest expunged (destroyed) if the state never files a case or if the case is won at trial."

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