First Offence ?

[lostmymind12]

What is the name of your state (only U.S. law)? New York
My question is this:
After a argument my husband grabbed me by the neck. I called 911 and had him arrested and got a order of protection but not stay away. We are living together and on good terms again. This is the first time this has happened and his first arrest ever. He wants to plead guilty to the charge of "menacing third degree". This is a misdemeanor.
He feels that he should own up to his responsibility. Although he feels that showing honest regret will probably get him probation and domestic violence counciling and allow us to continue working things out I think he may be making a mistake. I do not want him to go to jail or have to leave, just get help and behave himself.
PS: We are both over 60!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[Antigone*of*Greece]

Originally Posted by lostmymind12

What is the name of your state (only U.S. law)? New York
My question is this:
After a argument my husband grabbed me by the neck. I called 911 and had him arrested and got a order of protection but not stay away. We are living together and on good terms again. This is the first time this has happened and his first arrest ever. He wants to plead guilty to the charge of "menacing third degree". This is a misdemeanor.
He feels that he should own up to his responsibility. Although he feels that showing honest regret will probably get him probation and domestic violence counciling and allow us to continue working things out I think he may be making a mistake. I do not want him to go to jail or have to leave, just get help and behave himself.
PS: We are both over 60!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Do you have a legal question for us?

[lostmymind12]

What could happen if he pleads guilty to a domestic violence charge if it his first offense?

[printman31]

first offense he will probably get probation if there was no need for medical treatment to the victim also pay fines & attend anger management classes. If you're the spouse & you don't wish to prosecute. You can go to court & inform the court that you do not wish to procede under oath. Here in IL the state can't compel a spouse to testify against their spouse. I would most definately suggest him getting anger management classes even if you drop the charges. It is good that he say's he wants to be resposible for his actions. But this could all be just a ploy to get you to feel sorry for him & drop the charges. Just keep in mind that once domestic violence starts. It rarely stops without intervention. But it does increase almost all the time.