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Charged with domestic assault Domestic Violence & Civil Orders

Discussion in 'Criminal Charges' started by beachboy, Aug 29, 2021.

  1. beachboy

    beachboy Law Topic Starter New Member

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    Jurisdiction:
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    Today my stepmom shoved me, so I started pushing her out of my room, which lead to us shoving each other for a few minutes until she eventually punched me in the face. It's the second time she's been violent with me. A few minutes after this, I threw a small pill bottle at her and shoved her once, but I never hit her. She called the cops on me and told them I got on top of her and beat her up.

    The cops immediately took her side, saying it was obvious that I hit her because she had red marks on her face (she just had some scarring/discoloration from before and might've been crying, but she didn't have any marks on her face from me). I told my side of the story, but they accused me of lying and threatened to take me to jail immediately. Whenever I would repeat what happened, they would tell me I kept changing my story (I might've misspoke a couple times because I was so anxious, but I was completely honest and told the same story every time, including the part where I shoved her afterwards). They still took her side, and they told me I was being charged with misdemeanor domestic abuse battery, and gave me a court date.

    I'm 19 and I've never been in trouble with the law before. Even if I don't get any jail time, I'm terrified that this will end up on my record. How hard would it be to prove I didn't assault her? If I get her to drop the charges, will it still be on my record? If I'm not convicted, could I sue her for slander? If I am convicted, what is likely the worst punishment I'll get? My dad is pretty much the only one who believes me, but he was only there to see the aftermath (when I was crying and telling him she punched me), and what happened before she hit me (when she was clearly in a very bad mood and taking it out on me) – could he testify for me?
     
  2. justblue

    justblue Well-Known Member

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    Any and all questions you have should be directed to your defense attorney.
    Stop posting about your criminal matters on the internet. Do not discuss your criminal matters with anyone, this includes: Parents, girlfriend/boyfriend, friends, siblings, boss, bartender, bar patrons, random people on the bus and random people on the internet.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    You shouldn't have said word one to the cops about anything. All they had was your stepmom's story until you admitted to your own acts of violence.

    Watch this video to find out why you should lawyer up and keep your mouth shut going forward.

    DON'T TALK TO POLICE - Professor James Duane - YouTube
     
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  4. army judge

    army judge Super Moderator

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    I doubt it, because his wife (the other battler in this tale) is married to your father.

    A spouse can't be compelled to testify against her/his spouse.

    The female battler is shielded by the marital veil.

    If I were you, I'd plead not guilty and ask the court if I qualify for a public defender.

    In the interim, I'd shut my mouth and speak ONLY to my lawyer about the battle.
     
    leslie82 likes this.
  5. Red Kayak

    Red Kayak Well-Known Member

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    Additionally, beachboy should move out.
     
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  6. Tax Counsel

    Tax Counsel Well-Known Member

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    Yes, he could, actually. First, you are the defendant in the case, not your mother. As ArmyJudge noted, there is a marital privilege in pretty much every state, including Louisiana. The privilege varies from state to state. Louisiana when it comes to the law is in a lot of ways different from other states.

    First, the privilege in Louisiana has two parts, a communication privilege and a testimony privilege. Only the latter would be applicable here. That rule is found in Louisiana Code of Evidence Art. 505. It states:

    In a criminal case or in commitment or interdiction proceedings, a witness spouse has a privilege not to testify against the other spouse. This privilege terminates upon the annulment of the marriage, legal separation, or divorce of the spouses. This privilege does not apply in a criminal case in which one spouse is charged with a crime against the person of the other spouse or a crime against the person of a child including but not limited to the violation of a preliminary or permanent injunction or protective order and violations of R.S. 14:79.

    As your father would not be testifying against your mother in a criminal proceeding (i.e. she is not the defendant) the privilege would not apply.

    Moreover, even if she was the defendant, Louisiana the privilege in this case would be held only by your father. What that means is that it is his choice whether to testify. You could not compel him to testify for you, but his wife cannot prevent him from testifying either. "The common law rule that one spouse was incompetent or disqualified from testifying against the other spouse was replaced by a privilege that provided that the spouse could not be compelled to testify, but could voluntarily do so." State v. Taylor, 94-0696 (La. 9/6/94), 642 So. 2d 160, 164.

    So, he certainly can testify if he wants, and it may even be possible to compel him to testify, though if you have to do that, the testimony may not favor you.
     
    Last edited: Aug 30, 2021
  7. sandyeggo

    sandyeggo Member

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    The whole 'Yeah, I pushed her but she pushed me first' didn't work in grade school and it isn't going to work now. What was the fight about that brought it to a physical confrontation between you two?
     
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  8. Zigner

    Zigner Well-Known Member

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    You make a good point here. Even if the OP's story above is 100% true, he acknowledges that, while he may not have "started" the (physical) fight, he willingly participated in it far beyond what may have been needed for any sort of "self defense".
     
  9. Redemptionman

    Redemptionman Active Member

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    It is he said, she said and it will depend upon whom the judge believes. Which 99% of the time will be the plaintiff and cops.

    The arrest could show up, you are young get probation for example and you can get it expunged. First time offenders, deferred adjudication, etc.

    Sure, but it would be very difficult to prove and probably not worth the time and effort. With a misdemeanor which you are facing a max fine up to 1k or one year in the county pokey. Like has been said you need an attorney regardless if the charges are dropped or not. Good Luck.
     
  10. Tax Counsel

    Tax Counsel Well-Known Member

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    A slight correction to that. In Louisiana, on a first conviction for domestic assault, the penalty is a minimum of 30 days in jail and a maximum of 6 months, and at least 48 hours must be served without benefit of parole, probation, or suspension of sentence. In addition to that, there is imposed a fine of at least $300 and up to $1,000. See LA Rev Stat § 14:35.3(C).

    And person convicted of domestic violence, even on a misdemeanor, is barred under federal law from owning or possessing firearms or firearm ammunition.
     
  11. flyingron

    flyingron Well-Known Member

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    There's also a separate Louisiana firearms ban. Not only are you barred from purchasing, transporting, or possessing (as the federal law provides), there's an immediate requirement for the surrender of any you have.
     
  12. Redemptionman

    Redemptionman Active Member

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    You all sound like you have the OP convicted before trial. Do these stipulations still fly if he enters a first time offender program or is found not guilty?

    although I would imagine an eager prosecutor will still prosecute even when the step mom recants her statements and doesn't want to proceed.
     
  13. leslie82

    leslie82 Well-Known Member

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    Get a lawyer and stop posting about this on public forums. If you can't afford a lawyer, file to get a public defender and see if you qualify. If you don't qualify, see if someone will help you pay for a lawyer. I'd ask your dad if he can help you with a lawyer if you can't get a PD.
     
  14. leslie82

    leslie82 Well-Known Member

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    If the stepmom recants, the prosecutor will drop it since it's he said/she said it sounds like. It doesn't seem like there's any other witnesses other than these two involved. Without other witnesses, I doubt even the most eager prosecutor is taking that on.
     
  15. Tax Counsel

    Tax Counsel Well-Known Member

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    Not at all. But the OP did ask about the consequences IF he is convicted, and folks here (including you) have simply provided information to answer that question.

    If the result of any program in which he participates is a finding of not guilty then of course the firearms ban won't apply since one has to be convicted of the domestic violence offense to trigger the ban.
     
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  16. Zigner

    Zigner Well-Known Member

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    If the OP told the police the same thing he's told us here, then he's already confessed. Step-mom's involvement isn't necessary and even if she recants, it doesn't change the crime(s) that the OP admitted to.
     
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  17. flyingron

    flyingron Well-Known Member

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    Police are often reticent to drop DV complaints just because there is a recant. It can be that the recant is due to more (or the threat of more) violence. Further, a criminal case is not a victim v. defendant situation. It is society as a whole that is harmed by criminal behavior and it is the state that brings the case on the people's behalf.
     
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  18. leslie82

    leslie82 Well-Known Member

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    That's not true in my experience. I didn't recant in my case. I said I was done cooperating because the case turned into a giant cluster f*. The detective said they could keep investigating without me. I said I know. Go ahead but your own officer said the prosecutor said it's "he said/she said" and without me you don't have any witnesses or any case. They did end up dropping it.
     
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  19. leslie82

    leslie82 Well-Known Member

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    Plenty of people "confess" and then recant their confession and get out of a charge. That doesn't prove anything.
     
  20. Zigner

    Zigner Well-Known Member

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    I disagree about it it not proving anything, but you are right that people do recant.
     

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