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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24442
Experience:  Active member of the NYS bar since 1989
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I was assaulted yesterday, and called the police and i

Customer Question

hi, i was assaulted yesterday, and called the police and i intend to press charges against this individual, and i also intend to accuse her of theft since she is using a phone worth up to $800 which i am currently paying. also she sent intimate photos of me to various ppl, and has wrote things about me on social media. what are her consequences if i take her to court
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: georgia, its been about a couple of months, but the assault occurred yesterday
JA: Has anything been filed or reported?
Customer: yes i called the police, and i intend to go and press charges tomorrow. and also i have a police report about the stolen phone but they told me that it would be more of a civil case
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Legal
Expert:  Zoey, JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey, JD replied 5 months ago.

What is the question that you have about this incident?

Customer: replied 5 months ago.
i just wanted to know how exactly to proceed with this entire situation, and what the possible consequences are for this indiviual, and what i could possibly gain from this
Expert:  Zoey, JD replied 5 months ago.

You can get charges pressed for the assault by going to the police, reporting the crime and letting them know that you wish to have charges pressed against her for the assault.

The use of the phone and the comments she is making about you are civil and would have to be handled separately in civil court. However, as part of the criminal prosecution, you would get a protective order preventing her from further contact with you, and she could be arrested if she violated those conditions. So that ought to stop her commenting about you on social media and using your phone as well, as you could bring that up before the judge if it goes on after the protective order.

The amount of time that she would be facing would depend upon whether she used a weapon or not and how serious your injuries are. If they are minimal, she would be facing a misdemeanor charge and a maximum sentence of a year. Jail, however, would be unlikely, and she would probably be looking at nothing worse than probation if she pled guilty to the assault.

If the injuries are serious, she could be facing up to 20 years in prison.

Customer: replied 5 months ago.
i just have bruises, they are minimal, and she did confess to the police that she did indeed assault me. she only has a permit, through the dream act for immigrants who went to school here in the US, will that be revoked
Expert:  Zoey, JD replied 5 months ago.

You hadn't mentioned that your wife is not a citizen. A domestic violence conviction could have potentially serious consequences for her. It's a deportable offense.

Customer: replied 5 months ago.
she is not my wife, she is the father of my childs wife. she assaulted him and me. they are going through a process of divorce and they have been seperated for 5 months now.
Expert:  Zoey, JD replied 5 months ago.

Thank you. Then it would not be a domestic violence offense.

Expert:  Zoey, JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.