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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23563
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband have a court date assault. He grabbed

Customer Question

My husband have a court date for misdemeanor assault. He grabbed my 11 year old son's shirt collar leaving a mark the n his neck. Our son had lied and this was not the first time he lied. Do I need to retain a lawyer?
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.
Hello, Even though your son has lied in the past and, in fact, may have a tendency to lie, that does not mean he was lying about the assault. And if there's evidence that someone assaulted him -- a mark on his neck -- the DA is not going to dismiss this case because teachers have punished your son for lying about other things. Your son's having lied in the past is good evidence for the defense, however, as if your husband wants to fight these charges, your son's credibility is the cornerstone of the prosecution's case. Anything that can undermine that will help your husband. In short, this case won't go away if your husband shows up on his court date with letters from his son's teachers. Our court systems don't work that way. Yes, your husband will need to have a lawyer to help him fight these charges.
Customer: replied 7 months ago.
What if my husband claims no contest.
Customer: replied 7 months ago.
Should we believe the detective that said it should be a minor sentence since there previous issues
Expert:  Zoey_ JD replied 7 months ago.
Your husband should plead not guilty and have his lawyer work out some kind of disposition that will keep this conviction from going on his record if it is at all possible. Once the lawyer has worked out a good deal, your husband could then plead guilty or no contest and take the deal. A plea of no contest results in a criminal conviction and will give your husband a crimiinal record, just like a plea of guilty does. The only dfference between "no contest" and a plea of guilty is that a plea of guilty can be used as an admission in a civil court proceeding and a plea of no contest can't. If nobody will be looking to sue your husband, there's no advantage to the no contest plea. The detective is correct that on a first misdemeanor matter your husband will be able to avoid jail. He could wind up with anger management classes, some fines and perhaps probation.

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