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Misunderstanding: assault and battery against a family member

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Stay_Cat

Junior Member
What is the name of your state? VA

I had a heated argument with my friend daughter, who is a minor. I was trying to move this person out of the way since my way was blocked. I was reaching for the shoulders but somehow I had my hands around neck instead. The minute I realized I had them around this person neck, I let go. But it left marks on the neck. The marks disappear the next day. The police were called the police and they took pictures (which I did not see) and arrested me for “assault and battery against a family member”. Everyone, after a day of cooling down, realized that this was a misunderstanding and a very unfortunate event that should not have to happen if cooler heads were involved. No one wants to file charges. Child services came, interviewed everyone, and left with the same impression. In court, everyone will said that it was a misunderstand on the stand. Since I feel that the state is blowing this way out of proportion, do I still need legal representation? What are my options? I don’t want to go to jail but at the same time I don’t want to fall between the cracks by some loop hole.
 


Shay-Pari'e

Senior Member
Stay_Cat said:
What is the name of your state? VA

I had a heated argument with my friend daughter, who is a minor. I was trying to move this person out of the way since my way was blocked. I was reaching for the shoulders but somehow I had my hands around neck instead. I hate when that happens.:rolleyes:

The minute I realized I had them around this person neck, I let go. But it left marks on the neck. The marks disappear the next day. WOW! The next day? :rolleyes:

The police were called the police and they took pictures (which I did not see) and arrested me for “assault and battery against a family member”. Your friend daughter is a family member now?


Everyone, after a day of cooling down, realized that this was a misunderstanding and a very unfortunate event that should not have to happen if cooler heads were involved. No one wants to file charges. No one has to, the state is.

Child services came, interviewed everyone, and left with the same impression. Hard to believe!

In court, everyone will said that it was a misunderstand on the stand. Since I feel that the state is blowing this way out of proportion, do I still need legal representation? What are my options? Who cares what you feel. Get a lawyer if you want, don't if you don't.

I don’t want to go to jail but at the same time I don’t want to fall between the cracks by some loop hole. That made no sense.
 
S

shell007

Guest
Shay-Pari'e said:
Stay_Cat said:
What is the name of your state? VA

I had a heated argument with my friend daughter, who is a minor. I was trying to move this person out of the way since my way was blocked. I was reaching for the shoulders but somehow I had my hands around neck instead. I hate when that happens.:rolleyes:

The minute I realized I had them around this person neck, I let go. But it left marks on the neck. The marks disappear the next day. WOW! The next day? :rolleyes:

The police were called the police and they took pictures (which I did not see) and arrested me for “assault and battery against a family member”. Your friend daughter is a family member now?


Everyone, after a day of cooling down, realized that this was a misunderstanding and a very unfortunate event that should not have to happen if cooler heads were involved. No one wants to file charges. No one has to, the state is.

Child services came, interviewed everyone, and left with the same impression. Hard to believe!

In court, everyone will said that it was a misunderstand on the stand. Since I feel that the state is blowing this way out of proportion, do I still need legal representation? What are my options? Who cares what you feel. Get a lawyer if you want, don't if you don't.

I don’t want to go to jail but at the same time I don’t want to fall between the cracks by some loop hole. That made no sense.
Nice post Shay!! :)

OP: Get an attorney. You're going to need one.
 

CalifAtty-1

Junior Member
My response:

Shay, you do understand, don't you, how people in the Dufus, Trailer States, see the World, right? Between playing Banjos or Fiddles, these Hillbillies just don't understand how the Criminal System looks at the things they do.

IAAL
 

Just Blue

Senior Member
Stay_Cat said:
What is the name of your state? VA

I had a heated argument with my friend daughter, who is a minor. I was trying to move this person out of the way since my way was blocked. I was reaching for the shoulders but somehow I had my hands around neck instead. The minute I realized I had them around this person neck, I let go. But it left marks on the neck. The marks disappear the next day. The police were called the police and they took pictures (which I did not see) and arrested me for _assault and battery against a family member_. Everyone, after a day of cooling down, realized that this was a misunderstanding and a very unfortunate event that should not have to happen if cooler heads were involved. No one wants to file charges. Child services came, interviewed everyone, and left with the same impression. In court, everyone will said that it was a misunderstand on the stand. Since I feel that the state is blowing this way out of proportion, do I still need legal representation? What are my options? I don_t want to go to jail but at the same time I don_t want to fall between the cracks by some loop hole.

You went to mover her and instead of grabbing her by the shoulders you grabbed her by the neck??...And it took time to realize this? You must have grabbed pretty hard to leave marks that took 12-24 to fade!
The state is not blowing this out of proportion...you assaulted your girlfriends daughter...If I were the girls father you would have alot more to worry about than going to prison!!

Your excuse doesn't make sence...I am sure you've had a "little talk" with the girlfriend and the girl you assaulted to make them change their statements...I do hope the police add on wittness tampering to your charges. The best part of Domestic Violence laws is they don't have to have the cooperation of the victim to follow through with the charges!!

Have a nice day!
 
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Shay-Pari'e

Senior Member
CalifAtty-1 said:
My response:

Shay, you do understand, don't you, how people in the Dufus, Trailer States, see the World, right? Between playing Banjos or Fiddles, these Hillbillies just don't understand how the Criminal System looks at the things they do.

IAAL

I get all my education on this from you IAAL.:)
 

Just Blue

Senior Member
Shay-Pari'e said:
CalifAtty-1 said:
My response:

Shay, you do understand, don't you, how people in the Dufus, Trailer States, see the World, right? Between playing Banjos or Fiddles, these Hillbillies just don't understand how the Criminal System looks at the things they do.

IAAL

I get all my education on this from you IAAL.:)

Don't you just love it, when one of these sackless wonders gets cought hitting or choking or kicking or raping their mates or the children of the mate...you know all the different way they try and compensate for their little weenies....It's always a misunderstanding!
 
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