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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16828
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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HI I HAVE A 21YR OLD DAUGHTER WHO SEEMS HELL BENT ON SEEING

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HI I HAVE A 21YR OLD DAUGHTER WHO SEEMS HELL BENT ON SEEING A NOW 17YR BOY I OFFERED TO LET HER STAY AT MY HOME FOR THE NEXT 5-6 WEEKS UNTIL SHE WENT INTO THE ARMY. SHE ATEVERY OPPERTUNITY HAS RUN OFF TO SEE THIS BOY, WE GOT INTO A SHOUTTING MATCH WHICH LED TO SLAPS AND PUNCHES ,SHE IS NOW WITH THIS BOY AND HIS FAMILY-AGAIN. MY PROBLEM IS NOW I HAVE A TICKET FOR ASSAULT 13-1203a1 court APPEARENCE FOR DEC 15 WHAT CAN I EXPECT
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Customer

Section 13-1203, the Arizona Statute reads as follows:

A. A person commits assault by:

1. Intentionally, knowingly or recklessly causing any physical injury to another person
; or

2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor.
__________

A class 1 misdemeanor in Arizona is punishable by up to 6 months in jail and a $2500 fine plus surcharges. Howevever, if this is your first contact with the criminal justice system, it is unlikely that you will end up going to jail for this offense. Nevertheless, criminal cases can have lifetime consequences, so you should retain a criminal lawyer for your court appearance and have him with you on your first court appearance. If you're unable to afford private counsel, you can ask the court for a public defense attorney. What you would want, ideally, would be to come out of this matter able to avoid jail but also without having a criminal conviction on your record.

Your first court appearance should be your arraignment on these charges. That is, the court will read the charge against you into the court record and ask you how you plead. It is customary at that time for all defendants to plead not guilty. That's because a not guilty plea can be withdrawn at any time a defendant wants to change his mind and take a deal. But once he pleads guilty, it's almost impossible to get a guilty plea back. So pleading not guilty is the only way a defendant gets to keep all of his rights and choices open to him while he decides whether to take a plea bargain of some sort or to move the case in the direction of a trial.

Generally, on the first date, there will be some offer made by the prosecutor. Your lawyer should be able to tell you the up and down sides of taking that offer and assist you with your decision. As this matter is a domestic violence case, your daughter will probably get a restraining order, and you will be told to have no contact with her during the pendency of the case. No contact means NO CONTACT. Failure to abide by that sort of court order, can cause you to be charged with the offense of violating a court order of protection. That would give you another charge to fight.

Your daughter may forgive you, but the case doesn't go away until the judge says it does, and the state can continue to press charges against you even if your daughter becomes very sorry that she involved the police and the courts. So follow the order, even if the two of you make up, because if you don't and she gets angry at you again, you'll get arrested.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.



Customer: replied 4 years ago.
what if she doesnt get a restraining order. will she also have to appear, and how long do i have to file against her.
Expert:  Zoey_ JD replied 4 years ago.
Customer

She will not have to appear on your court date. She has chosen to go forward in Criminal Court rather than in a civil arena, and so a prosecutor of the state will be representing her interest in court. If she takes this case all the way and you do too (in other words, if she doesn't want to drop charges and you want to go all the way to trial on the case), she will only have to appear with you in court on the day she takes the stand to testify against you.

If she does not wish to get a restraining order, you would be able to contact her. However, if the contact is unwelcome, she can complain to the police again that you are harassing her. I'm not saying she will, but she could and you should know that.

As for how long you have to file against her, I am not sure what you are filing against her for. But if there are charges you want to press against her, the statute of limitations would allow you 7 years to press charges for most felonies, 6 months to press charges against her for a petty misdemeanor and a year for other misdemeanors.

If you are thinking about pressing assault charges against her, it may not be possible. You are a defendant and the state is representing her against you. They may or may not be willing to speak to you about the same incident and allow you to claim to be the victim.

This is another reason you will want to have a criminal lawyer. You are a defendant and anything you say to the police or the prosecutor can be used against you. And even though you think what you may have to say can help rather than hurt you, you don't want to find out the hard way just how wrong you can be. Let a lawyer do that kind of speaking for you.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16828
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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