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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27761
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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We were having a family meeting and my oldest sister was

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We were having a family meeting and my oldest sister was very agitated and angry, standing up, siting down and interrupting everyone. My husband kept asking her to be quite so I could speak, she lunged at him, got in his face and yelled F*** You! He put his hands up and blocked her, as he stood to get her away from him he wrapped his hands around her throat (but not chocking her) and pushing her away where I pulled the two apart and she threatened to press charges. I told her it would be the last thing she would do, meaning, last thing she would ever do with us, or me or the family, not a death threat, just a "you will be gone form my life" statement. No one was right here, but my sister was the aggressor, if she "pressed charges" what would be the results?


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Your sister cannot press charges. Only the prosecutor can do that. What she can do is report that she was assaulted by both you and your husband and that you threatened to kill her. To make an arrest, the state only needs probable cause -- a reasonable belief that you may have been guilty of that. The words of a credible-sounding complainant can be enough for probable cause, even if it turns out later down the road that she's a liar. It doesn't require much evidence to get someone arrested and charged.

From there, what did or didn't happen would be a question of fact that a judge or jury would determine after the close of all the evidence if you chose to fight the case all the way to trial.

So if you're really asking, "Could she get my husband and/or me charged with a crime?" Yes, it's possible, if she does choose to report the incident.

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