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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default My Husband Was Arrested for Domestic Battery, and Two Counts of Aggravated Assault

    My question involves criminal law for the state of: Illinois
    My husband was arrested after we got into a really bad argument. At the time of the incident we were arguing which led to us getting really upset. When the police came they asked me what happened, and I told them that we got into and argument in the car which led to him slapping me in the car. We got out of the car I told him to get his stuff and get out. At the time I had the phone, he cAme in the house looking for the phone, and I thought he picked up two knives, and I was having a really bad anxiety attack. I gave my friend the phone and told her to call the police so she went in the room and called the police, while my husband broke the door down looking for the phone. We both told the police he had the knife in his hand when he broke the door. He was taken away, and charged with domestic battery, and two accounts of aggravated battery. they took him to jail, and he spent ten days there. As I remembered back to the incident he did not have the knives in his hand, and my friend said he didn't either. We were all just really upset at the time, and I have a bad anxiety problem which I am being treated for. She had to leave back to her home town, so she wrote a letter saying that she wanted to drop the charges, and that there were no weapons used, and we got it stamped by the notary. Now what I want to know Is I am gonna drop the charges to this case, and tell them that he did not have the knife. What will happen from here we have court on in 3 days. Will he go back to jail. Please send me a detailed opinion of what you think will happen, and what is the best advie you can give me. This is his first offense.
    Thank you

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: My Husband Was Arrested for Domestic Battery, and Two Counts of Aggravated Assaul

    There is no "drop the charges" in a DV case, because you are not the one pressing charges. The only thing you can do is lie on the stand.

    I can't believe that you are willing to let your husband threaten to kill you, and now are willing to lie (read that as commit perjury) and cover for him, and you have convinced your friend to lie as well. Before you begin your indignant reply about how I don't understand, which is the more believable story:

    1 That your husband struck you, and then in a fit of rage, attempted to take the telephone away from you and an independent witness to prevent you from calling 911, threatening you both with deadly force in the process,

    or

    2 That your husband walked into the room after not hitting you and calmly asked for the telephone. Because you have anxiety, this caused you and an independent witness to imagine that he threatened you with a knife that he didn't have. Anxiety is powerful, why it can even make an independent witness hallucinate.

    I am willing to bet that this is not the first violent incident that has happened, and I can guarantee that this will not be the last, if you cover for him. Sooner or later, you or someone else will be injured or dead. I can only hope that there will be no children involved.

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