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Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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My husband and I were arguing pretty badly, and he was starting

Customer Question

My husband and I were arguing pretty badly, and he was starting to scare me. He would not let me leave the house by blocking the doors and taking away my keys. He kept on following me around the house in an attempt to argue. I called the police, and he is now facing a class five felony for simple abduction. He has been in jail for 6 days now, and he goes to court tomorrow. My question is what are the chances that they will go through with the abduction charge. Although I dont believe what he did is right, isnt a class 5 felony too severe?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Cedric replied 6 years ago.
Unfortunately, they can still go through with the charge even if you want to drop the charges. However, as their key witness, they would need to have you testify, and your testimony may go against the charge such that he wouldn't be convicted.

The charge definitely does not seem to fit the crime in your case, and this really should be a misdemeanor at most. There are many cases of severe domestic violence that are still tried as misdemeanors, and also, abduction doesn't seem to make any sense either, as he didn't take you somewhere against your will.

At most, he should maybe have been charged with false imprisonment, for preventing you from leaving the house, but abduction is more like kidnapping.

So, it is likely they would go through with the charges, but if he's got a good Defense Attorney or Public Defender, he should have a good shot at beating the charge.
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Customer: replied 6 years ago.
It doesnt make much sense to me either. But the police officer told me that in Virginia, holding someone against their will by either force or intimdation, is considered simple abduction, which falls under abduction, and that is how they got away with it. Again I feel like this is charge is way to extreme.