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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 35331
Experience:  30 years legal experience
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My husband and I have a no contact order. He was charged

Customer Question

My husband and I have a no contact order. He was charged with strangulation and serious domestic. Since my husband has prior felonies, they also charged him as a habitual. Can the do that when his prior felonies r not anything to do with domestic? My husband had no past domestics on his record! I've gone to court 3 times to have the no contact order dismissed. I was sworn in and testified I had lied about the domestic incident cuz I wanted to pay shane back for cheating on me. I admitted lying and even accepted responsibility for my actions if I were to b charged and or fined. The proscecuter now says she will drop the no contact order if he pleads guilty to serious domestic abuse. My questions r: can he really b given the habitual offender because he has prior felonies that r not related to domestic abuse in any way? And isn't she double charging him by giving him domestic strangulation and serious domestic abuse?? There were no marks cuz I lied about the whole incident taking place!!! What can we do?? Please help!
Submitted: 8 months ago.
Category: Criminal Law
Expert:  LawTalk replied 8 months ago.

Good afternoonCustomer

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You asked: can he really b given the habitual offender because he has prior felonies that r not related to domestic abuse in any way? Yes, the fact that he has the prior felonies alone is enough to allow the prosecutor to seek a habitual offender status. It is not necessary that the priors have anything to do with domestic violence.

And isn't she double charging him by giving him domestic strangulation and serious domestic abuse?? Well, no, it isn't a double charge. The charge is domestic strangulation and the designation of the degree of harm is merely being argued to be serious domestic abuse. Strangulation is just one of the charges possible under the umbrella of "serious domestic abuse".

And finally, even though you have recanted your story, that does not prevent the prosecutor from prosecuting the alleged crime. However, if you recant in court if called as a witness, it is unlikely that he will be convicted unless he did something foolish like confess to the crime or if there are other witnesses or other evidence of the crime.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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