musicalshore
Junior Member
What is the name of your state (only U.S. law)? NY
This case is in Integrated Domestic Violence court
I am currently the defendant in a criminal case. It's a domestic violence case, I'm charged with assault in the third degree (class a misdemeanor) and 2nd degree harassment (a violation). However, in the criminal complaint she states that I assaulted her at such and such a time. They've offered me an harassment plea, I don't want to take it. The plea isn't bad: I agree to go to a Mentally Ill Chemically Addicted program (MICA) and take a violation charge. This amounts to no criminal record. However, I feel victimized and traumatized by this woman's behavior. I'm the victim of domestic violence in this situation, and these false accusations are an extension of that. Pleading guilty to something I didn't do will not sit well with me. Also, I'm not mentally ill or chemically addicted, and I don't want that to be a matter of public record.
My question is: she claims that the incident happened at such and such a time. I have an alibi and a witness for such and such a time, and I have an E-Z pass statement showing that I was entering the city an hour after the alleged incident. We did have an argument the night before, and she wouldn't leave, and I ended up calling 911. She left after that and I told the cops I didn't want to press charges. So there's also a record of me calling 911 the night before. I realize a phone call to the cops and an E-ZPass statement doesn't present incontrovertible evidence that I am innocent, but it does lend credence to my version of the events.
This case is in Integrated Domestic Violence court
I am currently the defendant in a criminal case. It's a domestic violence case, I'm charged with assault in the third degree (class a misdemeanor) and 2nd degree harassment (a violation). However, in the criminal complaint she states that I assaulted her at such and such a time. They've offered me an harassment plea, I don't want to take it. The plea isn't bad: I agree to go to a Mentally Ill Chemically Addicted program (MICA) and take a violation charge. This amounts to no criminal record. However, I feel victimized and traumatized by this woman's behavior. I'm the victim of domestic violence in this situation, and these false accusations are an extension of that. Pleading guilty to something I didn't do will not sit well with me. Also, I'm not mentally ill or chemically addicted, and I don't want that to be a matter of public record.
My question is: she claims that the incident happened at such and such a time. I have an alibi and a witness for such and such a time, and I have an E-Z pass statement showing that I was entering the city an hour after the alleged incident. We did have an argument the night before, and she wouldn't leave, and I ended up calling 911. She left after that and I told the cops I didn't want to press charges. So there's also a record of me calling 911 the night before. I realize a phone call to the cops and an E-ZPass statement doesn't present incontrovertible evidence that I am innocent, but it does lend credence to my version of the events.