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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 24436
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I GOT ARRESTED FOR DOMESTIC ABUSE MY WIFE 2 DAYS AFTER THE

Customer Question

I GOT ARRESTED FOR DOMESTIC ABUSE MY WIFE 2 DAYS AFTER THE INCIDENT WENT DOWN TO THE PRECINCT IN QUEENS NY I WAS THEN ARRESTED AND TAKEN TO CENTRAL BOOKING THIS IS MY FIRST OFFENCE ...I LOVE MY WIFE SHE LOVES ME ...I OWN UP TO WHAT I DID AND WANT TO KNOW IF I WOULD HAVE THIS ON MY PERMANENT RECORD
I KNOW IT IS NOT SOMETHING THAT WILL NOT GO AWAY SHE WAS GIVEN ORDER OF PROTECTION ...FOR 6 MONTHS WE LIVE IN THE SAME HOUSE BEING MY MOTHER IS A ELDERLY PERSON AND NEEDS MY ASSISTANTS ..MY WIFE PLEADED WITH THE COURT TO SHOW LIENCIENCY WHICH THEY DID I HAVE TO APPEAR IN COURT JAN 3RD FOR MY COURT DATE ....THIS IS THE FIRST TIME SOMETHING LIKE THIS HAS HAPPENED TO ME
Submitted: 3 years ago.
Category: Legal
Expert:  LegalKnowledge replied 3 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Is your wife willing to cooperate with the State in the prosecution of the case?
Customer: replied 3 years ago.


no she dont want to press charges


she regrets everything that happens


and she appologised to me for what happened


she and me are truly sorry for what happened

Expert:  LegalKnowledge replied 3 years ago.
Thank you for the additional information. It is important to remember that the ability of the State to successfully prosecute depends on her cooperation. If she fails to cooperate or appear at trial, to testify against you, the State may not be able to proceed and would likely have to drop/dismiss the charge. Without a victim, they will have a hard time proving the charge beyond a reasonable doubt. The decision to go to trial is entirely up to you. If you do not want to proceed to trial nor think the case will be dismissed, then you could take a plea deal. Seeing how you are a first time offender, the State would likely impose a probationary sentence instead of jail, along with a fine, court costs, community service and possible anger management classes. Even though she regrets what happened and does not want to press charges and proceed, the State has the final say. Like I said, their ability to do so depends on if she cooperates with them.

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