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  1. #1
    scorch656 is offline Junior Member
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    First Offense Assault

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

    Hello, thanks for taking the time to read this

    I recently became involved in an assault/domestic assault. My baby's mother, whom lives with me, had been talking to a customer from work for about 3 weeks. I found out about him and that she had went on a date with him and became enraged.

    I was picking my daughter up from where she works and right as I was leaving, I seen him pull into the parking lot. I got out and said his name and confronted him about seeing and talking to her. I ended up pushing him in the chest several times and during this my baby's mother grabbed me from behind to try and seperate us and suprised me. I incidently knocked her down when I went to shake her arms off me.

    Finally I went to run and tackle him but I slipped in the grass. As I tried to get back up, he got down behind me and put me quickly into a choke hold from behind. I couldn't shake him off, so I tried punching backwards to hit him in the head, telling him to get off my neck. He kept proceeding to keep me in the choke hold, so I used one hand to reach back and choke him till he findly let go and grabbed my pinky finger and yanked it to the side, injuring it. Finally as we come up from wrestling, I got one punch in and then proceeded to leave the scene like they were telling me to.

    I called my baby's mothers phone and the police answered. They wanted me to come back to the scene to get my statement, but I didn't from fearing they'd arrest me right then. They put a warrant out and I was arrested that night from my home.

    I am just wanting to ask if I should be really worried. What do you think the penalty will be? Supposedly the guy isn't wanting to press charges and is gonna say he understands why I attacked him. Me and my baby's mother are staying together and she is going to say her falling down was obviously an accident.

    It is my first offense and I dont want to show up looking stupid or end up being sent to jail.

    Any information would be great!
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by scorch656 View Post
    I am just wanting to ask if I should be really worried.
    'Worried' about what?? Getting hit by a meteor?? Struck by lightening?? Missing a meal??

    What do you think the penalty will be?
    No one can guess. Too many unknowns, like your prior history, current probation status, charges filed, etc.

    Supposedly the guy isn't wanting to press charges and is gonna say he understands why I attacked him. Me and my baby's mother are staying together and she is going to say her falling down was obviously an accident.
    So, if everyone lies to protect you (they ARE idiots!!).. no problem right??

    It is my first offense and I dont want to show up looking stupid or end up being sent to jail.
    From your story, you don't have to worry about looking 'stupid'. You have already done that.
  3. #3
    scorch656 is offline Junior Member
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    Quote Originally Posted by JETX View Post
    'Worried' about what?? Getting hit by a meteor?? Struck by lightening?? Missing a meal??


    No one can guess. Too many unknowns, like your prior history, current probation status, charges filed, etc.


    So, if everyone lies to protect you (they ARE idiots!!).. no problem right??


    From your story, you don't have to worry about looking 'stupid'. You have already done that.
    thanks for nothing, the situation already has me upset...

    you poking fun at me and making jokes helped none at all...

    this is a serious matter to me, you could have asked questions if you felt I had left something out

    so thanks again for nothing...
  4. #4
    xylene is offline Senior Member
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    You have admitted to several acts against 'baby momma' and her other boyfriend that rise to the level of criminality.

    You assaulted her and him.

    The cooperation of your victims is NOT required to prosecute you successfully.

    You should be prepared to do some jail time.
  5. #5
    dave33 is offline Senior Member
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    There are alot of unknowns, the issue now is what are you being charged with? In this situation it's never to early to get a lawyer. Since you have already been charged, don't be tricked into incriminating yourself. Retain a lawyer and let him handle the situation. It is likely that if you are conviced of dom. abuse against your baby's mother that you will have a no-contact order issued whether she wants one or not. goodluck.
  6. #6
    justsomecop is offline Junior Member
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    In most states when you get arrested and make bail they tell you that you cannot have contact with the victims involved. If you are in fact living with your girl right now, you are in clear violation of that order. I don't know what Tennessee does but I would read your bail paperwork. I know that in many situations, first offenders get probation depending on the seriousness of the crime. You will have to look at the criminal code you were charged with and look up what the penalty is for the crime. Alot of this will depend on how aggressive the prosecutor is. If he wants to push the issue of making you serve the max then you are screwed. It would be best if you hired an attorney or seeked assistance from the public defender's office. If I were you I would have no contact with the victims whatsoever during this process. Good luck to you.

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