Assault & Battery Younger Mom - Agg Assault w a Deadly Weapon (Family Violence)

[amandamya]

Okay I'm 25, I have two children. I have been in trouble one previous time. I caught a burglary of a building charge (2007 or 2008) and was on probation for that charge, unfortunately I was 19 and dumb and violated my probation so my probation got revoked. I did 365 days state jail time from Aug 2010 to Aug 2011.

With that being said, I am in major trouble again. I*haven't been in a lick of trouble since I got out of*State Jail, but this charge is agg assault w a deadly weapon against an ex boyfriend (screwdriver, he didn't even require hospitilization and his super small injuries were to his legs only) he jumped on me and threatened my kids (they weren't there) and I hit him a few times as well.

He is going to sign the affidavit of non-prosecution supposedly, does anyone think I stand a change at no prison time? My daughter was molested and I am in the middle of a case testifying for her (she is only 6 so this is awful) I also have a 1 year old. Any chance I would get 10 years probation? Or is it automatic prison time because my probation was revoked in 2010? Please help with any advice. I am losing my mind thinking about leaving my babies and going back. Any advice or opinions? Any way out of this (prison at least?) Or any possibility of this getting dropped from aggravated so I won't do a min of 5/max of 99? Any advice or tips or opinions are so welcome. I need to be home for my baby girl she has been through hell (why I finally snapped I think :'( ) thanks in advance.

 

[army judge]

Okay I'm 25, I have two children. I have been in trouble one previous time. I caught a burglary of a building charge (2007 or 2008) and was on probation for that charge, unfortunately I was 19 and dumb and violated my probation so my probation got revoked. I did 365 days state jail time from Aug 2010 to Aug 2011.

With that being said, I am in major trouble again. I*haven't been in a lick of trouble since I got out of*State Jail, but this charge is agg assault w a deadly weapon against an ex boyfriend (screwdriver, he didn't even require hospitilization and his super small injuries were to his legs only) he jumped on me and threatened my kids (they weren't there) and I hit him a few times as well.

He is going to sign the affidavit of non-prosecution supposedly, does anyone think I stand a change at no prison time? My daughter was molested and I am in the middle of a case testifying for her (she is only 6 so this is awful) I also have a 1 year old. Any chance I would get 10 years probation? Or is it automatic prison time because my probation was revoked in 2010? Please help with any advice. I am losing my mind thinking about leaving my babies and going back. Any advice or opinions? Any way out of this (prison at least?) Or any possibility of this getting dropped from aggravated so I won't do a min of 5/max of 99? Any advice or tips or opinions are so welcome. I need to be home for my baby girl she has been through hell (why I finally snapped I think :'( ) thanks in advance.

This is simple.
You plead NOT guilty, request the appointment of a public defender, and stop yapping about this and that.
You should ONLY be speaking with your lawyer.
You should also NOT be communicating and cohabiting with the alleged victim until the case has been resolved.
If the alleged victim has decided not to press charges, that is meaningless.
That decision is in the hands of the prosecutor.

I doubt you'll get prison time, even if convicted.
But, that is no guarantee.
That is why you desperately require a public defender, because you are exposed without one.
This won't disappear whether the alleged victim refuses to prosecute, because he could wind up catching a case for it, too.

Again, plead not guilty, request a public defender, stop trying to explain or talk your way out of it, wait, obtain a public defender, and allow YOUR lawyer to help you.

 

[amandamya]

I have a public defender, he is who got my bond lowered from $60,000 to $30,000. I haven't met with him about my case yet (I just got out last week) but I will be up there this week! Thanks

 

[amandamya]

This is simple.
You plead NOT guilty, request the appointment of a public defender, and stop yapping about this and that.
You should ONLY be speaking with your lawyer.
You should also NOT be communicating and cohabiting with the alleged victim until the case has been resolved.
If the alleged victim has decided not to press charges, that is meaningless.
That decision is in the hands of the prosecutor.

I doubt you'll get prison time, even if convicted.
But, that is no guarantee.
That is why you desperately require a public defender, because you are exposed without one.
This won't disappear whether the alleged victim refuses to prosecute, because he could wind up catching a case for it, too.

Again, plead not guilty, request a public defender, stop trying to explain or talk your way out of it, wait, obtain a public defender, and allow YOUR lawyer to help you.

I have a public defender, he is who got my bond lowered from $60,000 to $30,000. I haven't met with him about my case yet (I just got out last week) but I will be up there this week! Thanks. This gives me hope.

 

[army judge]

I have a public defender, he is who got my bond lowered from $60,000 to $30,000. I haven't met with him about my case yet (I just got out last week) but I will be up there this week! Thanks. This gives me hope.

Whatever you do, don't admit or confess to anything.
Don't try to justify what they're accusing you of doing by explaining you did it just a little bit, or did it beacause of this or that.
Simply plead not guilty and let teh state TRY to prove what they've charged you with doing.
If the alleged victim fails to finger you, the state's case will slowly dissolve and eventually disappear.
Just don't get caught "tampering" with their witness.
That'll get you in more trouble.
Don't get caught leaving crumbs.

 

[amandamya]

Whatever you do, don't admit or confess to anything.
Don't try to justify what they're accusing you of doing by explaining you did it just a little bit, or did it beacause of this or that.
Simply plead not guilty and let teh state TRY to prove what they've charged you with doing.
If the alleged victim fails to finger you, the state's case will slowly dissolve and eventually disappear.
Just don't get caught "tampering" with their witness.
That'll get you in more trouble.
Don't get caught leaving crumbs.

When I got arrested I admitted to it but let them know it was because I was defending myself, did I screw myself over horribly there? I was NOT expecting to be arrested I was not thinking clearly in any aspect.

 

[army judge]

When I got arrested I admitted to it but let them know it was because I was defending myself, did I screw myself over horribly there? I was NOT expecting to be arrested I was not thinking clearly in any aspect.

Generally, YES, but that's why you should always remain silent.
If you learned nothing else in prison, you learned to layer up and remain silent.
Your lawyer will let you know how much damage you did.
If you signed a confession, yes, you screwed yourself.
Your lawyer can help minimize the damage.

 

[amandamya]

Generally, YES, but that's why you should always remain silent.
If you learned nothing else in prison, you learned to layer up and remain silent.
Your lawyer will let you know how much damage you did.
If you signed a confession, yes, you screwed yourself.
Your lawyer can help minimize the damage.

I definitely do not think I signed a confession (I was a bit tipsy). I wasn't thinking they were going to arrest me, I thought they'd take him since he initiatied it all but I should have been smarter (more damage so that was obvious who they'd take in). I would be relieved if I could get the agg deopped, that alone would be a god-send. I am going to try to get my public defender to fight this hard hard hard. Maybe the situation my baby girl is in would work out for some good in a crazy way.

 

[army judge]

I definitely do not think I signed a confession (I was a bit tipsy). I wasn't thinking they were going to arrest me, I thought they'd take him since he initiatied it all but I should have been smarter (more damage so that was obvious who they'd take in). I would be relieved if I could get the agg deopped, that alone would be a god-send. I am going to try to get my public defender to fight this hard hard hard. Maybe the situation my baby girl is in would work out for some good in a crazy way.

Again, the less you do is better for you.
The state must prove everything.
You need not prove anything, or disprove a single thing.
To them, you are a liar, a crook, a violent thug; and that is how they will try to portray you.
If the alleged victim isn't cooperative, they have no proof, other than your purported, excited utterances.
If you were inebriated, on some STUFF, that works to YOUR benefit.

So, sit back, take a deep breath or two, relax, allow your lawyer to work his or her magic.
For instance, your bond was drastically reduced already.
If you want to help yourself, do so in a positive manner.
Talk to your lawyer about enrolling in a battered spouse class, an anger management class, a class for parents whose children have been abused, etc...

 

[amandamya]

thank you

Again, the less you do is better for you.
The state must prove everything.
You need not prove anything, or disprove a single thing.
To them, you are a liar, a crook, a violent thug; and that is how they will try to portray you.
If the alleged victim isn't cooperative, they have no proof, other than your purported, excited utterances.
If you were inebriated, on some STUFF, that works to YOUR benefit.

So, sit back, take a deep breath or two, relax, allow your lawyer to work his or her magic.
For instance, your bond was drastically reduced already.
If you want to help yourself, do so in a positive manner.
Talk to your lawyer about enrolling in a battered spouse class, an anger management class, a class for parents whose children have been abused, etc...

I can't thank you enough for this advice right here! Reporting and paying for weekly lawyer fees now and then looking straight into those classes, and making a call to my lawyer to try to get this straightened out. There was proof both of us were inebriated as well, I thought that would be against me I had no idea!

Another positive here: when I took the stand to plead my case as to why my bond should be reduced my attorney asked me "if your bond was reduced , what amount would make it easier for your family to afford to get you out?" I said "cut in half at least is what we could do, half" so I was thinking $30,000 but the judge himself lowered it to $25,000 (I think I said 30 first , it was $25,000 though and he is the same judge I will see that day) so this looks pretty good. Should any of the texts we have of me begging for him to leave me alone, stop stalking me and stop contacting me come into play? Or is that kinda invalid since I made the conscious decision to go over to his home that night? Sorry for all the questions but you're a godsend and thanks for the help

 

[army judge]

I can't thank you enough for this advice right here! Reporting and paying for weekly lawyer fees now and then looking straight into those classes, and making a call to my lawyer to try to get this straightened out. There was proof both of us were inebriated as well, I thought that would be against me I had no idea!

Another positive here: when I took the stand to plead my case as to why my bond should be reduced my attorney asked me "if your bond was reduced , what amount would make it easier for your family to afford to get you out?" I said "cut in half at least is what we could do, half" so I was thinking $30,000 but the judge himself lowered it to $25,000 (I think I said 30 first , it was $25,000 though and he is the same judge I will see that day) so this looks pretty good. Should any of the texts we have of me begging for him to leave me alone, stop stalking me and stop contacting me come into play? Or is that kinda invalid since I made the conscious decision to go over to his home that night? Sorry for all the questions but you're a godsend and thanks for the help

First of all, I'm an almost retired criminal defense attorney and district court judge.
I enjoy defending most criminal defendants and making sure their rights are protected.
Don't try to say or do anything.
Your lawyer will let you know what's best.
Generally nothing a criminal defendant says will help extricate him or her from the near death grip of the state.
That said, it's not as bad as you think, but its going to take time, patience, and a good defense attorney.
You're on target with the lawyer, now you relax and wait.

 

[ElleMD]

Wait, you went over to his home and assaulted him? Yeah, that is going to make a difference. You need a good attorney and fast. Texts can be blocked and or ignored. I highly suggest you do so now and do not say a word to him by text, phone, or carrier pigeon, until in court with your attorney.

 

[amandamya]

Wait, you went over to his home and assaulted him? Yeah, that is going to make a difference. You need a good attorney and fast. Texts can be blocked and or ignored. I highly suggest you do so now and do not say a word to him by text, phone, or carrier pigeon, until in court with your attorney.

His home is my old home, all my kids things were still there and I mean old texts from me . I also dropped stalking and harassment charges against him, but can those be brought up at all? I am getting with my attorney Tuesday thank goodness.

 

[amandamya]

First of all, I'm an almost retired criminal defense attorney and district court judge.
I enjoy defending most criminal defendants and making sure their rights are protected.
Don't try to say or do anything.
Your lawyer will let you know what's best.
Generally nothing a criminal defendant says will help extricate him or her from the near death grip of the state.
That said, it's not as bad as you think, but its going to take time, patience, and a good defense attorney.
You're on target with the lawyer, now you relax and wait.

Great! Will try to do, but relaxing during this is so hard oh my goodness. Hopefully self defense will come into play if it gets that far. I won't offer a word or piece of information unless my attorney agrees it should be brought up in court.

 

[amandamya]

Wait, you went over to his home and assaulted him? Yeah, that is going to make a difference. You need a good attorney and fast. Texts can be blocked and or ignored. I highly suggest you do so now and do not say a word to him by text, phone, or carrier pigeon, until in court with your attorney.

And yep it did make a difference, in a piece of paperwork it said "HOME" in the title of the charges, BUT they're saying he is my family member and I lived there because my children's beds were there so I'm not sure which way they're going with that. One minute it's "we have proof you live/lived there so it's family violence" then the paperwork is "she went to HIS home/had no right to be there" type of thing. It's all very confusing to me. Basically they were completely understanding and on my side until they couldn't decide who to take in, called for a background check, got both of our criminal records (he had nothing, I had BOB) that's when the officers decided to take me instead of him.

 

[amandamya]

Wait, you went over to his home and assaulted him? Yeah, that is going to make a difference. You need a good attorney and fast. Texts can be blocked and or ignored. I highly suggest you do so now and do not say a word to him by text, phone, or carrier pigeon, until in court with your attorney.

Oh yes, and I do NOT talk to him. The state assigned a restraining order on his behalf, I can not afford to get in any more trouble. Hopefully my attorney can give me some news next week!

 

[ElleMD]

It wasn't your home at the time if you went over there. In other words, you put yourself in the situation and then acted violently. That makes it awfully hard to claim you were just acting in self defense and had no way of preventing the incident from occurring. had you been at your own home and he came over and was hassling you, and you in the course of defending yourself struck him, very different story. You are going to have a hard time arguing you were afraid of him if you went over there and sought him out and more trouble arguing that it wasn't premeditated when you went over there because you were angry and intended to have it out with him.

 

[amandamya]

It wasn't your home at the time if you went over there. In other words, you put yourself in the situation and then acted violently. That makes it awfully hard to claim you were just acting in self defense and had no way of preventing the incident from occurring. had you been at your own home and he came over and was hassling you, and you in the course of defending yourself struck him, very different story. You are going to have a hard time arguing you were afraid of him if you went over there and sought him out and more trouble arguing that it wasn't premeditated when you went over there because you were angry and intended to have it out with him.

Our texts were all positive beforehand hopefully that nips the premeditated in the bud. I hope I stand a chance at maybe getting it dropped from agg at the very least. He wasn't letting me leave and I told them that from the beginning he was holding me and trying to keep me there, hopefully my attorney has an idea as to how to get me through this the best possible way. I haven't been in trouble but one other time, and I did my time for that and haven't been in trouble since then. I am really praying I stand a chance at probation, not prison (if anything is given, which i mean...yeah). Hoping for mercy!

 

[army judge]

Our texts were all positive beforehand hopefully that nips the premeditated in the bud. I hope I stand a chance at maybe getting it dropped from agg at the very least. He wasn't letting me leave and I told them that from the beginning he was holding me and trying to keep me there, hopefully my attorney has an idea as to how to get me through this the best possible way. I haven't been in trouble but one other time, and I did my time for that and haven't been in trouble since then. I am really praying I stand a chance at probation, not prison (if anything is given, which i mean...yeah). Hoping for mercy!

Prison isn't in your future for this alleged crime.
In fact, if the alleged victim has no interest in seeing you locked away, you may see the state dismiss the charges.
Why seek probation when you have YET to be convicted of anything?
Charging a person is as easy as arresting the person.
Proving the person did the dirty deed, that's very hard, if the alleged "perp" is smart, behaves himself or herself while on bond, and doesn't "blab"!!!!!

 

[amandamya]

Prison isn't in your future for this alleged crime.
In fact, if the alleged victim has no interest in seeing you locked away, you may see the state dismiss the charges.
Why seek probation when you have YET to be convicted of anything?
Charging a person is as easy as arresting the person.
Proving the person did the dirty deed, that's very hard, if the alleged "perp" is smart, behaves himself or herself while on bond, and doesn't "blab"!!!!!

Awesome awesome awesome! very true, I am just in a very very notoriously crooked county....we send women to prison QUICK so I saw no way around it but I am pulling my head out of my ass & realizing that isn't the only option