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  1. #1
    Join Date
    May 2007
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    2

    Default Aggravated Assault

    I live in Arizona and last week was arrested for aggravated assault (felony class 3). My live-in boyfriend and I got into an argument and he intentionally cut himself on the face and then called the police and told him that I did it. We were both arrested but he was charged with a misdemeanor assault that was "scratched" the next day in court. He is willing to come forward and admit that he lied. However, it is my understanding that this will not make any difference in the case being dismissed. I have no prior arrests or criminal record and I am totally freaked out because Arizona has a very tough policy on domestic violence/aggravated assault. One attorney I spoke with wants $12,000 up front. I don't want to take a risk with an attorney who may not have as much experience, etc, but that is a lot of money. I need some advice.

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Aggravated Assault

    No one can guess whether or not the charges would be dropped. It isn't unusual for people to change their mind in a domestic abuse case; the prosecution may prosecute anyway.

    However, your boyfriend could possible be charged criminally for filing a false police report. That is something he should talk over with an attorney.

  3. #3
    Join Date
    Feb 2007
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    2,031

    Default Re: Aggravated Assault

    Quote Quoting aztrouble
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    I live in Arizona and last week was arrested for aggravated assault (felony class 3). My live-in boyfriend and I got into an argument and he intentionally cut himself on the face and then called the police and told him that I did it. We were both arrested but he was charged with a misdemeanor assault that was "scratched" the next day in court. He is willing to come forward and admit that he lied. However, it is my understanding that this will not make any difference in the case being dismissed. I have no prior arrests or criminal record and I am totally freaked out because Arizona has a very tough policy on domestic violence/aggravated assault. One attorney I spoke with wants $12,000 up front. I don't want to take a risk with an attorney who may not have as much experience, etc, but that is a lot of money. I need some advice.
    Get a good attorney...beg, borrow, max out your credit cards if you have to! You do not want a felony conviction on your record!

  4. #4
    Join Date
    May 2007
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    2

    Default Re: Aggravated Assault

    Quote Quoting Happy Trails
    View Post
    No one can guess whether or not the charges would be dropped. It isn't unusual for people to change their mind in a domestic abuse case; the prosecution may prosecute anyway.

    However, your boyfriend could possible be charged criminally for filing a false police report. That is something he should talk over with an attorney.
    Is there a difference between recanting a statement versus coming forward and admitting that he lied in advance of being questioned during the legal process? Also, do you know if it would help if he hired an attorney to file the appropriate paperwork with the courts rather than going directly to the police on his own? While we both realize that he could be in trouble for filing a false police report, I should not have to be punished for it with having charges filed against me and defense costs.

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Aggravated Assault

    He really needs to consult with an attorney of his own.

    Keep in mind that in three-fourths of DV cases the victims want to recant their statement (in some cases it is even more). The prosecutors are used to that, and depending on the evidence many go forward anyway.

    Some victims even will go as far as committing perjury on the stand to get the charges dropped against the abuser.

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