Page 1 of 4 1 2 3 ... LastLast
Results 1 to 10 of 32
  1. #1

    Exclamation Extortion Demand by a Spouse Who is Pressing Domestic Violence Charges

    My question involves criminal law for the state of: Mississippi

    My wife attacked me because I picked up her cell phone. She came running at me, arms flailing. I put up my hand to block her. She bounced off of me and got a bloody nose. She smiled and said something about how screwed I was now. She went to the hospital and was diagnosed with a nondisplaced nasal fracture. The medical report says no further treatment is necessary, except for ice and Advil.

    An hour later, I was arrested. I spent two long days in county jail and am now out on bond. The police report says she stated she ran after me to prevent me from looking at her phone and struck me in the stomach and was hit back. After getting out of jail, she texted me that she knew it was just a reaction and couldn't believe I went to jail for it.

    Since then, she has spoken to the cop several times and eventually changed her narrative. She decided it was no longer an accident and spent several days reminding me I was out on bond and anything I do to anger her would result in her calling the police and having me arrested again. Then the bomb dropped. In a recorded call, she tells me that she will only testify that it was an accident if I pay her $500,000. She said, "We'll call it a divorce settlement." Her father reiterated the sentiment by texting that she will not testify that it was unintentional, until she has what she wants in writing. She also cleaned out the bank account of over $60,000 and will not give me access to any of it.

    The prosecutor says he cannot drop the charges, because they were brought on by the cop and he is the only one that can drop them. The cop refuses.

    My area is very hard on DV cases and almost always sides with the woman. My lawyer tells me that I am not entitled to a jury trial, but I believe the U.S. Constitution says otherwise.

    The judge did not order a TRO on me, but I sought one after the threats and it was granted.

    My questions are: Am I entitled to trial by jury and would you seek to press charges for assault and extortion on the wife?

    Thanks in advance for your help and comments.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    Pursuant to the U.S. Supreme Court’s decision in Baldwin v. New York, 399 U.S. 66 (1970), the U.S. Constitution only requires a jury in a criminal case where the potential maximum sentence the defendant faces is 6 months or more in jail or prison. So whether you are entitled to a jury depends on exactly what charge(s) you face and what the potential sentence you face if convicted.

    As for whether to make the complaint to police about her assault of you and the offer to change her testimony in exchange for cash, that’s a decision you must make based on your particular cirumstances. I don’t know all the details of your situation, nor have I heard the recording you made of that conversation. I suggest you consult your attorney on this issue.

  3. #3
    Join Date
    Feb 2014
    Posts
    52

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    According to the Mississippi penal code, if you are charged with simple domestic violence it carries:

    Simple domestic violence in Mississippi carries the same penalty as simple assault -- up to six months in jail or a $500 fine
    ..., so in that case you are entitled to a jury trial.

    There are lots of information about DV on this site http://www.dvmen.org/dv-6.htm#pgfId-1027493, you may read it through.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    Quote Quoting iknowalittlebit
    View Post
    My question involves criminal law for the state of: Mississippi

    My wife attacked me because I picked up her cell phone. She came running at me, arms flailing. I put up my hand to block her. She bounced off of me and got a bloody nose. She smiled and said something about how screwed I was now. She went to the hospital and was diagnosed with a nondisplaced nasal fracture. The medical report says no further treatment is necessary, except for ice and Advil.

    An hour later, I was arrested. I spent two long days in county jail and am now out on bond. The police report says she stated she ran after me to prevent me from looking at her phone and struck me in the stomach and was hit back. After getting out of jail, she texted me that she knew it was just a reaction and couldn't believe I went to jail for it.

    Since then, she has spoken to the cop several times and eventually changed her narrative. She decided it was no longer an accident and spent several days reminding me I was out on bond and anything I do to anger her would result in her calling the police and having me arrested again. Then the bomb dropped. In a recorded call, she tells me that she will only testify that it was an accident if I pay her $500,000. She said, "We'll call it a divorce settlement." Her father reiterated the sentiment by texting that she will not testify that it was unintentional, until she has what she wants in writing. She also cleaned out the bank account of over $60,000 and will not give me access to any of it.

    The prosecutor says he cannot drop the charges, because they were brought on by the cop and he is the only one that can drop them. The cop refuses.

    My area is very hard on DV cases and almost always sides with the woman. My lawyer tells me that I am not entitled to a jury trial, but I believe the U.S. Constitution says otherwise.

    The judge did not order a TRO on me, but I sought one after the threats and it was granted.

    My questions are: Am I entitled to trial by jury and would you seek to press charges for assault and extortion on the wife?

    Thanks in advance for your help and comments.
    Obviously there was either a divorce pending or there is one getting started now.

    I think that you should get yourself an attorney and rely on the advice of the attorney.

    I suspect that you did not simply "pick up her phone". Then, when it obviously upset her that you picked up her phone, instead of putting it down or handing it to her, you put up your hand to block her and she ended up with a bloody nose and a trip to the ER.

    You may have a hard time convincing a judge or jury that you were not the aggressor, since you had no injuries and she did.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    So, you tried to go through your wife's phone. She tried to get it back from you and you hit her and broke her nose, huh? Now, instead of going to court and testifying against you, she's willing to hear you out in your plea to keep her from going to court and testifying against you, she's willing to walk away from you and let you continue your life with a clean record. Now, you want to use that against her and claim that she is trying to extort you.

    You need to seek out an attorney. Anything that you say is going to be turned around and used to make you as the aggressor. Judging by the narrative that you gave, that would be about accurate. Her going to the ER because of you "blocking" her and breaking her nose is unrealistic. I would probably not attempt to have her charged with anything due to the fact that more than likely, you'll come out looking worse than you already do.

  6. #6
    Join Date
    Jun 2014
    Posts
    185

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    Quote Quoting viol8te
    View Post
    So, you tried to go through your wife's phone. She tried to get it back from you and you hit her and broke her nose, huh? Now, instead of going to court and testifying against you, she's willing to hear you out in your plea to keep her from going to court and testifying against you, she's willing to walk away from you and let you continue your life with a clean record. Now, you want to use that against her and claim that she is trying to extort you.
    She IS trying to extort him. The OP's guilt or innocence is irrelevant here. The OP can be guilty and be a victim of extortion at the same time.

  7. #7
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    I know, but knowing women beaters as well as I do... he's more than likely lying through his teeth.

  8. #8
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    viol8te get counseling. She is trying to extort him and that is a crime. You quite frankly are not in a position of unbiasedness.

  9. #9
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    Quote Quoting Ohiogal
    View Post
    viol8te get counseling. She is trying to extort him and that is a crime. You quite frankly are not in a position of unbiasedness.
    Is she trying to extort him or is there a divorce in process and she thinks that 500k is a fair share of the marital assets?...as in, give me my fair share of the marital assets and I will try to make this go away?

  10. #10
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Misdemeanor Jury Trial, Extortion from "Victim," and Assault Charges

    Quote Quoting llworking
    View Post
    Is she trying to extort him or is there a divorce in process and she thinks that 500k is a fair share of the marital assets?...as in, give me my fair share of the marital assets and I will try to make this go away?
    That's all I'm saying. If dude is really had $500k, he wouldn't be on a free forum asking for input.

    1. Sponsored Links
       

Page 1 of 4 1 2 3 ... LastLast

Similar Threads

  1. Domestic Violence: How Can a Spouse Get Domestic Violence Charges Dropped
    By becca5778 in forum Criminal Charges
    Replies: 12
    Last Post: 10-11-2014, 07:33 PM
  2. Domestic Violence: How to Convince the Prosecutor to Drop Domestic Violence Charges Against My Spouse
    By magabee in forum Criminal Charges
    Replies: 7
    Last Post: 10-04-2013, 10:49 PM
  3. Domestic Violence: Will Domestic Violence Charges be Dropped if My Spouse Doesn't Want to Testify
    By wrongguy in forum Criminal Charges
    Replies: 3
    Last Post: 08-24-2013, 12:39 PM
  4. Initiation of Charges: Pressing Attempted Sexual Assault Charges After a Domestic Violence Arrest
    By tiffanydoherty1 in forum Criminal Procedure
    Replies: 1
    Last Post: 05-09-2013, 10:16 PM
  5. Domestic Violence: Spouse Has 3 Domestic Violence Charges in 1 Month
    By djlarry2007 in forum Criminal Charges
    Replies: 4
    Last Post: 09-26-2009, 07:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources