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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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How hard is it to fight a 4th degree assault charge in ky had

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How hard is it to fight a 4th degree assault charge in ky had a fight with the husband mistress she filed charges but lied on the statement which i can prove i can also prove that she had harrassed and threatened me before the fight and days and week after the fight
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Hi and thank you for using JustAnswer!

Please clarify: will the alleged victim come to court to testify?
Customer: replied 4 years ago.

i can prove that she did know about me this incident happened on april 18 2012 the affair just came out nov 2 2011 the first contact that i had with her was in 2010 when i asked her what was my intentions with my husband so she knew all along i have a copy of all facebook messages the two of them exchanged since 2010 . in those messages she states that she knew we were married and living together in 2011

Expert:  JB Umphrey replied 4 years ago.
Thank you. However, my question was a bit different. My question is: will she come to court to testify?
Customer: replied 4 years ago.

yes we have had to preliminary hearings she was there at both times and is sticking to her lies

 

Expert:  JB Umphrey replied 4 years ago.
Thank you. Have you demanded a jury trial?
Customer: replied 4 years ago.

well the motion to exchange evidence between counsels has just been filed yesterday i have not been offered a plea deal the answer is not yet about jury trial

 

Expert:  JB Umphrey replied 4 years ago.
Thank you.

The only way to fight the charges is to demand a jury trial and take it to trial. Are you willing to waive your right to remain silent and testify (and be subject to hostile questioning by the prosecutor)?
Customer: replied 4 years ago.

I have no problem waiveing my right to remain silent i am not denying that i fought her and she got the bad end of the fight but i was threatened by her on more than one occasion i had tried to file charges on her for threatening and harrassing me a couple of months before the fight and the state would not pursue i was really to be honest at the end of my rope and that day I lost control

Expert:  JB Umphrey replied 4 years ago.
Thank you. Then the only way to fight is to take the case to trial and testify in your defense.

Honestly, it will be for the jury to decide who they will believe.

If the prosecutor does not prove its case beyond a reasonable doubt, the jury must come back with a not guilty verdict.

It's not an easy journey. There is no guaranteed outcome. You will have to work with your attorney to prepare well for your testimony so that you put on your best effort on the stand so the jury is more likely to believe you over her.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"
Customer: replied 4 years ago.
Well i have been good so far establishing that she is lying and i have some proof emails voice mail that she has and had been harrasing and threatening me she is still in contact with my husband she calls him he cannot call her ( he does not have her phone number ) I feel that with the evidence that I have I can attack her creditability making her a unreliable and unbelievable witness for the prosecutor
Expert:  JB Umphrey replied 4 years ago.
Very well. Then take it to trial. Take it to the jury.

Best wishes!
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