DV Assault and Disorderly Conduct

[double-trouble]

What is the name of your state (only U.S. law)? -- Arizona

I have been charged with Domestic Violence Assault and Disorderly Conduct 13-1203A1 and 13-2904A.

I have never been charged with a violent crime before. Unfortunately I was in a position in which I could not retreat within the rapid moments of my attack.

The "victim" admitted assaulting me first, but lied about the severity of the assault.

As far as I know the "victim" had not been charged.

Does deferred prosecution exist for these alleged crimes?

 

[JETX]

What should I expect from the DA?

A vigorous prosecution??

 

[double-trouble]

A vigorous prosecution??

As far as a plea or deferred prosecution..

cute remark jetx i have a good sense of humor too. if you would like a little more detail about the case; consider that the "victim" has a history of two previous domestic-v assaults against two seperate individuals and multiple drug offenses. nothing is ever as black and white as it seems. I am not a violent person, no priors, but i'm not a prey animal either. I could email you pictures of what the intoxicated (as in my case as well) "victim" had done to a 57 year old woman which resulted in six stitches in her head. The 57 year old mother never had so much as a parking ticket, held a respectable job and works hard for her money. If you want to see the amount of blood at the scene of the last DV involving the "victim" you might not be so quick with the smart commentary.
Imagine if people stopped being spineless and stood up to abusive, violent, unemployed, druggies. Dare I say such a thing...

 

[Isis1]

look, here's your problem.

you say the "victim" attacked you first.

so that implies YOU attacked second.

did you?

 

[double-trouble]

look, here's your problem.

you say the "victim" attacked you first.

so that implies YOU attacked second.

did you?

I was struck twice, and defended myself before I could be struck a third time. I was in control of a vehicle in which I temporarely lost responsible control of until I defended myself--which was not in any sense of the word obsessive, so that I could regain control of the vehicle and bring it to a stop. I was trapped in the moving vehicle and could not retreat. Witnesses also seen her strike me for a third, I did not retaliate in any fashion.

She had called me, and other family members, numerous times to come rescue her from a previous altercation that same nite. She was hiding from her boyfriend and best friend, apparently there is a love triangle... This is how we came into contact. We do not reside together at the same residence.

While we were in transit, we were having a civil discussion about her life style and the negative effects her abuses of people, drugs, and alcohol cause (which is public record.) When I bipassed the exit to my residence, she became angry because she wanted to go to my residence to call her boyfriend and plead for his love over the triangle she is involved in. This escalated the arguement, until she initiated the violence -- which she admitted to committing in the first place.

 

[LdiJ]

I was struck twice, and defended myself before I could be struck a third time. I was in control of a vehicle in which I temporarely lost responsible control of until I defended myself--which was not in any sense of the word obsessive, so that I could regain control of the vehicle and bring it to a stop. I was trapped in the moving vehicle and could not retreat. Witnesses also seen her strike me for a third, I did not retaliate in any fashion.

She had called me, and other family members, numerous times to come rescue her from a previous altercation that same nite. She was hiding from her boyfriend and best friend, apparently there is a love triangle... This is how we came into contact. We do not reside together at the same residence.

While we were in transit, we were having a civil discussion about her life style and the negative effects her abuses of people, drugs, and alcohol cause (which is public record.) When I bipassed the exit to my residence, she became angry because she wanted to go to my residence to call her boyfriend and plead for his love over the triangle she is involved in. This escalated the arguement, until she initiated the violence -- which she admitted to committing in the first place.

You would really get better advice if you told the story of what happened more frankly.

However, the bottom line is that you got arrested and she didn't.

 

[double-trouble]

You would really get better advice if you told the story of what happened more frankly.

However, the bottom line is that you got arrested and she didn't.

Would.. "equal protection under the law" (14th amendment) apply to this particular case knowing that the other party admitted to the police that they were responsible for initiating domestic violence to begin with?

 

[Banned_Princess]

I dont see how you were charged with domestic violence if the girl wasnt your girlfriend (established girlfriend) you werent living together, your not married, and you dont have children together.


Sounds like a streight up assault to me.

 

[double-trouble]

I dont see how you were charged with domestic violence if the girl wasnt your girlfriend (established girlfriend) you werent living together, your not married, and you dont have children together.


Sounds like a streight up assault to me.

Its actually a straight* up self defense case.

 

[Banned_Princess]

Its actually a straight* up self defense case.

good then, your attorney has a defense.

 

[double-trouble]

good then, your attorney has a defense.

I'll let you guys know how it turns out. It'd be nice if this forum actually delivered on its adv. of 'advice.'

 

[Banned_Princess]

I'll let you guys know how it turns out. It'd be nice if this forum actually delivered on its adv. of 'advice.'

We are not fortune tellers, we cannot tell the future.

We also don't reside where you do, we don't work in your court, with your DA in any law offices in your area.

Obviously the police and DA declined to charge the woman, and I'm sorry about that, but you can only worry about yourself.


Did you ask the police to have the woman arrested as well? Did you pursue a restraining order on her? have you spoke with an attorney?


Our advice to you is retain a private attorney. If you cant then you cant, but definitely definitely definitely be represented.

 

[double-trouble]

We are not fortune tellers, we cannot tell the future.

Our advice to you is retain a private attorney. If you cant then you cant, but definitely definitely definitely be represented.

Hey BP,

You don't need a crystal ball to offer someone advice...

I didn't need to retain a private attorney. The case is now dismissed.
--
Perhaps in the future.. those of you who find yourselves in a similar situation can direct your questions to me. I'd be happy to offer you good advice, not just wise cracks and 21 questions or smug accusations.

 

[cyjeff]

Hey BP,

You don't need a crystal ball to offer someone advice...

I didn't need to retain a private attorney. The case is now dismissed.
--
Perhaps in the future.. those of you who find yourselves in a similar situation can direct your questions to me. I'd be happy to offer you good advice, not just smart remarks and 21 questions.

Wow.

We still cannot predict the future. To hint that we could would be a disservice to those that come here.

Further, to say that you know everything about domestic violence due to your one case being dismissed is also disingenuous.

We ask questions so that we can fit the law and the overall tone and cadence of court to an individual's circumstance. To say we should not ask questions is, honestly, myopic and naive.

 

[double-trouble]

Wow.

We still cannot predict the future. To hint that we could would be a disservice to those that come here.

Further, to say that you know everything about domestic violence due to your one case being dismissed is also disingenuous.

We ask questions so that we can fit the law and the overall tone and cadence of court to an individual's circumstance. To say we should not ask questions is, honestly, myopic and naive.

If I called Ms. Cleo and had a terot card reading over the situation, she probably would of offered better advice than what I got here.

I never said I knew everything. You said I knew everything, and although you might think I'm disingenuous, you still think i'm a genius.

I invite people to ask me questions. Please go back and read my post again, I don't think I can interpret intentions any clearer.