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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 07-02-2005, 01:08 PM
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what could be the judgement in an assault against a female case?


What is the name of your state? NC

I filed an affidavit of criminal charges against my husband for thrusting a knife at me once and then in another incident, threatening me with a pair of tongs, though I did not sustain any physical injuries. Also, my husband had even pushed me and hit me once.
A warrant was issued against him and there is a criminal case hearing for the same.

I would like to know:
1)What could be the judge's ruling,
a) if my husband pleads guilty?
b) if my husband pleads not guilty, but then is proven guilty?

FYI, my husband is a green card holder and has a job.
2)Will he be jailed or deported or lose his job if proven guilty?

Pls. advise.
  #2  
Old 07-02-2005, 02:30 PM
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First, please tell us you do not give a tinkers' damn even if all these things do happen to him?

Do not be a fool and withdraw your charges just because he may be fired, deported etc.
  #3  
Old 07-02-2005, 02:46 PM
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I cannot withdraw the charges. Only the DA/judge can decide on that.

But I would like to know the probable outcome of this case and if I can do anything to help my husband's situation. I still care about him, but I do not want to compromise on my safety.
  #4  
Old 07-02-2005, 04:29 PM
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Then just go to court and tell the truth. He could get as little as probation and counseling, or he could get prison and deportation.

If you want to be safe, just tell the truth. And keep in mind that his actions toward you do NOT reflect the same measure of concern for you that you say you have for him. NO MAN should do what you claim he did ... NONE.

- Carl
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And a croissant!"

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Can Stand Before Anyone

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  #5  
Old 07-02-2005, 04:53 PM
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Quote:
Originally Posted by CdwJava
Then just go to court and tell the truth. He could get as little as probation and counseling, or he could get prison and deportation.

If you want to be safe, just tell the truth. And keep in mind that his actions toward you do NOT reflect the same measure of concern for you that you say you have for him. NO MAN should do what you claim he did ... NONE.

- Carl
Thank you Carl.
Would it make any difference in the judgement if he pleads guilty or not guilty?
  #6  
Old 07-02-2005, 04:56 PM
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Unfortunnately you are like most battered women, and YES that is exactly what you are, you don't let the system take care of the no good person who would lay, in this case, his hands on any woman.

You may care for him but he cares nothing for you or for himself.

Run Lady run and NEVER look back.
  #7  
Old 07-02-2005, 05:27 PM
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Quote:
Originally Posted by ramyaraman
Thank you Carl.
Would it make any difference in the judgement if he pleads guilty or not guilty?
It might go better for him if he negotiatates a plea bargain and pleads guilty, but this is a decision for his attorney to discuss with him. Nobody here can begin to guess on what a judge might decide in the case.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #8  
Old 07-02-2005, 06:13 PM
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Thank you for your insights, Carl and freespeech.
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