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My husband has been charged with a simple adult on a female…

My husband has been...

My husband has been charged with a simple adult on a female ( my mother ) but it was self defense he is going an does not need this on his record. He has no criminal background are his chances of it getting thrown out good

Lawyer's Assistant: In what state did this occur?

NC

Lawyer's Assistant: Have you talked to a lawyer yet?

He is going to ask for a court appointed one at his first appearance

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Answered in 5 minutes by:
9/26/2017
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 31,914
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good evening. Does your mother want to proceed and see him prosecuted?

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Customer reply replied 8 months ago
She did not have him arrested at the scene. Maybe because she knew she hit him first. But later that night she went back and put the charge on him
Customer reply replied 8 months ago
No calls just chat please.

Thank you for the reply. If it was self defense, he would have to raise that defense and use it at trial. Unless there is evidence that comes out during discovery, which shows that your mother was lying about what happened or was the aggressor and he was defending himself, it is not necessarily something that would just be thrown out.

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Customer reply replied 8 months ago
Is it a really serious charge does it have to go to trial we don't have the time for it. Could he use his deffered prosecution?

He can speak with the prosecutor assigned to the case and see if they county offers any type of diversion program. They will also speak with your mother about this and see what stance and he thoughts are, as the victim.

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Customer reply replied 8 months ago
What if it is just her word against his an no evidence at all I mean he wasn't even taken away by the police in fact the officers told us they have had several run ins with her and it took 3 or 4 officers to get her down
Customer reply replied 8 months ago
He is just going to ask for a public defender will that be wise ? The magistrate told him when he turned hi myself in to just bring whitneses an it could get thrown out but I didn't think that was accurate
Customer reply replied 8 months ago
She is bipolar and stopped takinfv her medicine that previous Friday she attacked me an I ran. It was then that following Sunday she came to our house and this all happened

The burden is on the State, to prove the charge against him beyond a reasonable doubt. If there is not physical evidence, it would be her word against his and up to the jury to decide. He does want representation, so the PS can be requested, if he is unable to retain private counsel. I do not think he can just show up with someone and this will be thrown out. The witnesses can be deposed by the State and they can weigh their evidence verse other factors and decide if they want to proceed.

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Customer reply replied 8 months ago
If he does get convicted what will his py nishment be
Customer reply replied 8 months ago
Punishment

It could result in jail time. It would be up to the Judge to decide. If not jail, probation could be imposed. If he wants this dropped, he will have to go to trial and be found not guilty, if the State wants to proceed.

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Customer reply replied 8 months ago
Jail? He has noo criminal background an it's a misdemeanor

I do understand but the law does allow jail to be imposed. I am not saying he will get jail time, I am just making you aware. There is no way to know what the Judge would order. As a first time offender, he could get probation

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Customer reply replied 8 months ago
Thank you.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 31,914
Experience: 10+ years defending Misdemeanor and Felony cases.
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CrimDefense and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 8 months ago
Of course
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