Husband's Charges

[Alycia28]

What is the name of your state? Florida
4th of July weekend, my husband came home drunk that friday night drunk as a skunk. Extremely unlike him. I have been with him 2 1/2 yrs and only seen him drink 1 time before. Anyways, He knows I DON'T approve of it at ALL. And boy was I pissed! Well, we got into a heated arguement, not physical, and I ended up calling the police. and I will admit I lied to them about a few things that did NOT happen. Just because the 911 operator said "well we will be there in a few mins and they will probably just hold him overnight" NOT! They charged him with Domestic Violence, Agg Assault and resisting Arrest.
I was the one who bailed him out, and then had the no-contact order dropped. I have also filed to drop the charges, taken a DV class required by the state, and gave a recorded statment to the sheriff's dept says that I was just pissed off because I dont like him drinking.
We went to the Public Defender today and he was saying the most for the AGG would be 3 yrs!
I understand the state can pick it up. and I have talked to the State Att and he said they were going to drop the felony Assault to a mis.
What could happen next? WHat is the typical sentencing for this? We told them we didnt want him to do time of course but he was willing to do classes, probation, house arrest and even weekend jail.
What usually happens in a case like this?

 

[Alycia28]

Anyone at all know anything about this? Btw, this is the first time anything like this has happened. We never fight and rarely argue. Matter of fact, he is one of the few men out there that know what chivilrey is (sp?)

 

[Alycia28]

hmmm...

I can't believe 36 people have viewed this post and not one person replied.

 

[usaohol]

link

check out this link it may help with info on misdemeanor assault charge
the resisting arrest is another story
http://www.weblocator.com/attorney/fl/law/felonmisdem.html

 

[Alycia28]

ok

I just talked to the State Attorney... They dropped ALL the charges except the resisting arrest!
well they said it was resisting but when they told him to get on the ground, he did, when they said put your hands out, he did.... anything he was told to do, he did!
What actually consists of resisting?

 

[outonbail]

Get a copy of the police report, it should answer any questions you have regarding what the officers considered to be his resisting, when they were trying to take him into custody......

I might also mention that, if this type of situation comes up in the future, it would be in your best interest not to "lie to them about a few things that did not happen". The police have better things to do than be your personal referee, then waste their time arresting people under false pretenses and filling out reports for statements you are going to retract as soon as you come to your senses again.

I'm surprised they didn't charge you with filing a false report, since you clearly admitted to them that you had done so. You should consider yourself fortunate in that respect.

 

[outonbail]

Thinking about it, it does seem kind of odd that they would drop all charges because the arrest was made as a result of false information, then proceed on the charges of being resistant to an arrest that was carried out as a result of these false charges. Sounds like a weak case, but I wasn't there so I can't really make any judgement concerning the merits of this charge.

I do question why the arresting officers felt it was necessary to order him to get on the ground if he was being cooperative. I believe they would have simply asked him to turn around, place his hands behind his head with his fingers interlocked and spread his legs apart. Then after they checked him for weapons they would ask him to move one hand from behind his head to behind his back, cuff it, then ask for the other.

But having to take him to the ground to cuff him implies there was more going on at the time than his complying with their commands.

 

[Alycia28]

honest to god, no there wasnt. They stood in the yard, his back was turned talking to me about the repairs on the truck and they ordered for him to get on the ground.

 

[outonbail]

his back was turned talking to me about the repairs on the truck

You don't really expect anyone to believe that, after you were so pissed that he was drinking and after the argument that heated to the point of you calling the police,,, yet prior to the officers arrival, the two of you were simply standing in the back yard talking about truck repairs?

Because subsequent to the two of you standing in the yard, calmly talking shop, you again became irate enough to press charges, lie to the police about a few things that didn't happen, and obtain a no-contact order.

You must be a real roller coaster ride of emotions to shift gears that fast.

Or, you could be candy coating the facts to make it seem like it was no big deal.
Seeing how it was so easy for you to lie to the police, posting a BS story in a forum over the internet must be a breeze.

But it's too late to brush this mess off as a simple misunderstanding between two love birds, because your actions support the fact that it was obviously a very big deal the night you had him arrested.

Like I previously suggested, get a copy of the police report or have your attorney get it for you, then you can see for yourself, what evidence they have to justify filing charges for resisting arrest.


Good luck