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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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My ex boyfriend, whom I lived with in South Dakota got drunk

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My ex boyfriend, whom I lived with in South Dakota got drunk and broke my finger. he also took out a shotgun which I did not know he has and pointed it at me several times saying he was going to kill me while using vulger language. I ran out if the house and went to a hotel scared for my life. The cops showed up since someone called this in. I did go to a preliminary hearing. he was to be accused of domestic assault. now since I'm a states witness, they want to plea down to disorderly conduct. is this the right thing to do? very concerned!
Does the State's Attorney want to allow him to plea to the lesser charge of Disorderly Conduct?
Customer: replied 4 years ago.
yes, he states the charges are the same. And he will get the same outcome. I'm questioning that since he said he doesn't want to go to trial. although the states attorney said he could still win at trial. thats when he said assault and misorderly conduct are the same?
Ultimately, it is up to the state's attorney on whether to agree to a particular plea agreement, but as the victim you are entitled to your input which is often times heeded.

The charges of domestic assault & battery and disorderly conduct are not the same. He's probably saying the sentence or punishment range would be the same.

A conviction for domestic violence carries with it a federal ban on gun ownership and possession. Often times that is the incentive for people to want to plead guilty to a different charge.

It is up to you to decide what your position is on such a plea and communicate that to the state's attorney. The state's attorney then will make the final decision.

If someone pointed a shotgun at me, I don't know that I would favor reducing the charge, but I also do not know the strengths and weaknesses of the state's case. Often times domestic violence cases are "he said vs. she said" which makes them hard for the state to convince a jury beyond a reasonable doubt that their witness's version is the correct one.
Customer: replied 4 years ago.
they want to plead disorderly conduct.. So if I don't want him to buy a gun I should tell the states attorney?
Yes, you are entitled to express your wishes. Ultimately, it is up to the state's attorney to decide what the offer will be, but most prosecutors are reluctant to go against the victim's wishes.

I would suggest spending some time talking with them so they can explain all the possible outcomes and their evaluation of the likelihood of success if it goes to trial.
Customer: replied 4 years ago.
Thank you very much. I can't afford a lawyer and it is hard because this guy put a shotgun to my head for ten MIN while threatening me if I told anyone he would kill me. and he broke my finger and re fractured my toe. and now its not assault? I have no choice because I can't afford a lawyer and now after the states attorney wanted to press full charges he wants to go with this? I tried talking to him and it seemed like he was annoyed to have to find jurors for the case. now I'm supposed to be scared for ever? is their anyone who can help me??
I can only imagine how you feel, but you don't need an attorney. It's not you vs. him. It's the state vs. him.

You just need to make your wishes known to the state's attorney. It is ultimately up to them how to proceed, but most prosecutors are reluctant to ignore a victim's wishes so long as they are not unreasonable.

If you feel the prosecutor who has the case is not listening to you or is not doing his job, talk to his supervisor. You are entitled to have someone who will listen to you and consider your wishes deciding how to proceed.
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