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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26803
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a question . I am being charged with a simple

Customer Question

hello , i have a question . I am being charged with a simple assault and the case is being judged in a domestic violence court since it involves my girl friend . My attorney told me that if the prosecutor and the judge ignore the relationship part of it , its not going to be considered as a domestic violence . how far is that true ?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Yes, it's true. The prosecutor can agree to let you resolve the cae by pleading guilty to something like disorderly conduct and not require you to admit on the record that the case involved force or the threat of force against your girlfriend.
If you have already spoken to an immigration lawyer, you know you cannot plead guilty to a crime of domestic violence, because that is a deportable offense. Your criminal lawyer should already know that if he has any kind of experience, and if you do not want to try this case, something can likely be worked out that will not jeopardize your status in this country.
Customer: replied 1 year ago.
my question is this , the prosecutor has accepted to ignore the relationship ? so will this make it a domestic violence still or a simple assault ?
Expert:  Zoey_ JD replied 1 year ago.
There's no such thing as a domestic violence section of the penal code. If a crime of violence involves a domestic partner or person with whom you were once intimate it's a domestic violence case.
So, you do not want to plead guilty to an assault if you can help it, because you will have to disclose any conviction to Immigration and they will learn that the complainant was your girlfriend.
Customer: replied 1 year ago.
so your advice to me and my attorney is for us not to take any plea deal on the simple assault even if the relationship is ignored or not mentioned ? Please i really need help ..
Customer: replied 1 year ago.
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Expert:  Zoey_ JD replied 1 year ago.
You can take a plea deal, but that deal should not involve pleading guilty to assault, because it's a violent offense. Immigration will want to know more about any conviction you have. You do not want a violent conviction with your girlfriend as the complainant unless that's your only alternative
Like I said before, the prosecutor has the power to reduce the charge to something that isn't a violent crime, such as disorderly conduct. And a plea of guilty to disorderly conduct will protect you from problems with your Immigration status.