loss of rights, felon

[scaredinco]

What is the name of your state? CO

I am sure the ans is in here somewhere but I could not find it. I was arrested for DV and live with a controlling H. I was wondering what rights I will lose if I plea to a felony just to get this over with. thank you.

 

[Ohiogal]

Get an attorney. You live with the person you assaulted?

 

[Welcome 2 CO]

Do you mind if i ask you exactly what happened? Were you the only one who was violent or was he violent, too? If he as violent, too, was he arrested, too? I am thinking there is more to the story since you say he is controlling and i doubt you just arbitrarily took a swing at him. Which one of you is larger in size? Is he in the military?

 

[Ohiogal]

Do you mind if i ask you exactly what happened? Were you the only one who was violent or was he violent, too? If he as violent, too, was he arrested, too? I am thinking there is more to the story since you say he is controlling and i doubt you just arbitrarily took a swing at him. Which one of you is larger in size? Is he in the military?

It doesn't matter if he is larger in size nor that he is in th military. And her saying he is controlling and violent means nothing unless she can prove it.

 

[Welcome 2 CO]

It does

It does matter if one of them is larger. My next door neighbor's daughter was in a similar situation and her ex husband's attorney argued the case based on her larger size and won - not too surprisingly in CO.

It does matter if he is in the military. There are no less than 6 military bases in Colorado Springs alone. There is an "epidemic" of domestic violence in Colorado Springs due to returning military members from deployment to Iraq. Whether they have PTSD or just cannot readjust to civilian life can only be speculated, but the statistics bear out the fact that there is a very big problem with DV here and it coincides with military members returning from deployment......

 

[Ohiogal]

It does matter if one of them is larger. My next door neighbor's daughter was in a similar situation and her ex husband's attorney argued the case based on her larger size and won - not too surprisingly in CO.

It does matter if he is in the military. There are no less than 6 military bases in Colorado Springs alone. There is an "epidemic" of domestic violence in Colorado Springs due to returning military members from deployment to Iraq. Whether they have PTSD or just cannot readjust to civilian life can only be speculated, but the statistics bear out the fact that there is a very big problem with DV here and it coincides with military members returning from deployment......

For statistical purposes it may matter but for PROOF reasons it does not. For conviction purposes it does not.The court requires proof. Just because he is in the military doesn't mean she is innocent or didn't do anything. As for the size issue it is not an issue of size. It is an issue of meeting the elements of the crime for a conviction. Please post when you actually understand the law.

 

[Welcome 2 CO]

Don't get yer knickers in a twist. I made no claims to being a legal expert. I DO know though, that my neighbor's daughter was convicted on ex husband's false dv claim that she pushed him and he had no visible injuries. Law or no law, size did matter to influence the jury's opinion....

 

[Welcome 2 CO]

Did I just do what? I responded to her? I make no claims to being a legal expert, but this thread is not about anyone being a legal expert. I believe that scaredinco is asking for help. I am trying to help her - not give her legal advice....

scaredinco also mentioned that her husband is controlling. Control is the single largest indicator to abuse - that I do know - having learned it myself recently from the literature I received at the women's shelter. I just don't want scaredinco to not defend herself against a felony - and possibly against an abusive husband.

My neighbor's daughter was convicted for dv based on her husband's false claim she pushed him and the jury believed him because the d.a. argued her larger size. I just want scaredinco to tell us more about it so we/I can maybe help her. What happened to my neighbor's daughter was awful because she was the one who was being abused.

 

[fairisfair]

Did I just do what? I responded to her? I make no claims to being a legal expert, but this thread is not about anyone being a legal expert. I believe that scaredinco is asking for help. I am trying to help her - not give her legal advice....

scaredinco also mentioned that her husband is controlling. Control is the single largest indicator to abuse - that I do know - having learned it myself recently from the literature I received at the women's shelter. I just don't want scaredinco to not defend herself against a felony - and possibly against an abusive husband.

My neighbor's daughter was convicted for dv based on her husband's false claim she pushed him and the jury believed him because the d.a. argued her larger size. I just want scaredinco to tell us more about it so we/I can maybe help her. What happened to my neighbor's daughter was awful because she was the one who was being abused.

you indicated that size was a legal issue in an assault case. It is not.

You inferred that being in the military was a legal issue in an assault case. It is not.

You were corrected and chose to reply in a snarky manner. This is not the first thread where your advice has been incorrect.

If you want to help, then be sure of the legal advice you are giving. If you want to provide emotional support, there are other sites for that.

 

[Welcome 2 CO]

It does matter if one of them is larger. My next door neighbor's daughter was in a similar situation and her ex husband's attorney argued the case based on her larger size and won - not too surprisingly in CO.

It does matter if he is in the military. There are no less than 6 military bases in Colorado Springs alone. There is an "epidemic" of domestic violence in Colorado Springs due to returning military members from deployment to Iraq. Whether they have PTSD or just cannot readjust to civilian life can only be speculated, but the statistics bear out the fact that there is a very big problem with DV here and it coincides with military members returning from deployment......

See above quote for reference: clearly, there is no mention of law or legal expertise in my post**************"It" as in "It does matter" refers to her situation - NOt to law - not to legal expertise. I do do have to amend that it was the d.a. not her husband's attorney that used the size argument. Perhaps your issue is with the d.a.? I didn't do it.

calm - calm - calm - in with the good - out with the bad

 

[Welcome 2 CO]

you indicated that size was a legal issue in an assault case. It is not.

You inferred that being in the military was a legal issue in an assault case. It is not.

You were corrected and chose to reply in a snarky manner. This is not the first thread where your advice has been incorrect.

If you want to help, then be sure of the legal advice you are giving. If you want to provide emotional support, there are other sites for that.

Snarky gets as snarky gives.

One other thing - I asked about his being in the military because if HE is abusing HER, he is under the jurisdiction of military law in addition to civil law and subject to investigation...

 

[Ohiogal]

See above quote for reference: clearly, there is no mention of law or legal expertise in my post**************"It" as in "It does matter" refers to her situation - NOt to law - not to legal expertise. I do do have to amend that it was the d.a. not her husband's attorney that used the size argument. Perhaps your issue is with the d.a.? I didn't do it.

calm - calm - calm - in with the good - out with the bad

You do realize that this is a LEGAL forum correct? As for out with the bad, your posts need to go. YOU need to understand the law before posting.

 

[Ohiogal]

Snarky gets as snarky gives.

One other thing - I asked about his being in the military because if HE is abusing HER, he is under the jurisdiction of military law in addition to civil law and subject to investigation...

Can you read? She is the one who has been arrested for DV. NOT HIM! She is the one on trial here. NOT HIM.

 

[Just Blue]

Can you read? She is the one who has been arrested for DV. NOT HIM! She is the one on trial here. NOT HIM.

And lets remember, OP is asking if she should PLEAD to a felony. Which means she did some serious damage to her controlling hubby. His size or imaginary military service didn't prevent him from being injured to the point of the OP being charged with felony domestic violence.

But one thing I am sure we can all agree on is until OP (scared) comes back and gives some details she really can't be advised as to her LEGAL options.

Welcome 2 Co...This is a legal advice site...Not Oprah or Dr. Phil.com. Personally I do offer some non-legal advice in the DV forum, but it is within a context and based on the information given by the OP. You are assuming facts that are just not in evidence and basing your totally NON-LEGAL response on that imaginary story. Stop or you will end up banned for the site. Admin does not tolerate members giving bad legal advice.

 

[BL]

What is the name of your state? CO

I am sure the ans is in here somewhere but I could not find it. I was arrested for DV and live with a controlling H. I was wondering what rights I will lose if I plea to a felony just to get this over with. thank you.

You will lose your rights to possess firearms .

You will lose your rights to vote , until you have satisfied your penalty .

You will always have a felony conviction on your record .

If you can get this reduced through an attorney , it will be to your best interest .