Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My boyfriend of 13 years and the Father of our 8 & 5 year…

My boyfriend of 13 years...
My boyfriend of 13 years and the Father of our 8 & 5 year was recently arrested for 3 counts of Aggravated Assault. There has never ever been any prior abuse in our 13 years. He's always been a FANTASTIC father and amazing husband. Someone next door called the police, and the police do have photos and electronic evidence, I was pretty distraught, when they arrived, I asked them not to press charges & I did NOT fill out the "voluntary statement" they ask me to fill out. Can the charges be lowered
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
11/22/2016
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,091
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

What many people in situations like this don't realize is that once someone is charged with a crime, the case is then between the defendant and the state. The victim in the situation will just be a witness for the prosecution when they move forward to try to prove their case.

.

The victim has no authority to "drop the charges" after the police have charged the defendant with a crime. The District Attorney files the charges against the defendant and only he can modify or drop them.

.

You can refuse to help the prosecutor and not testify, but if there is other evidence like photos, police testimony or witnesses, and physical injury, then while it will make their case a little more difficult, they can still proceed.

.

But if there were no injuries evident in any photos, then essentially if you refuse to testify the prosecutor will have to go off the police phone call and any officer and/or witness testimony about what they saw at the scene.

.

The prosecutor can try to scare you by saying they will file charges for obstruction or something similar, but if you simply remain silent and do not say anything, they can't prove anything.

.

So if you don't want to testify, you can just show up and say you are "pleading the 5th" and are asserting your right to remain silent.

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,091
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
There was marks on me, but he's not a violent person. Everyone has things happen in life. We are happy and have a family. We own a business and have never ever had any abuse issues. Our kids make straight A's in school, we do family camping trips, fishing and mountain rides just to see the leaves changing color, all as a family. How can the state be willing to take a father away from his children, children that adore their father and not even take into consideration what the "Victim" in the case has to say or how it affects a family as a whole to separate them rather then work to reconnect them with family counseling and/or Anger management, if theirs never been any other incidences? I live in Georgia, if that matters.

If he has no prior history of any criminal offenses, then it is possible that he might be eligible for "pretrial diversion" where he is put on probation for a period of time, does counseling and anger management classes, and completes some amount of community service and pays any fines. If he successfully completes all that, then the charges are then dismissed and do not show up on his permanent record.

.

So he would definitely want to talk to his attorney about that and see if the attorney could negotiate with the DA to reduce the charges from a felony, which is what aggravated assault is, down to a misdemeanor, and then be eligible for the diversion program. But even if not, there is still a felony pretrial diversion program that they may agree to allow him to enter. It has about the same requirements, just over a longer time, typically 5 years..

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 year ago
He was arrested and spent 4 years in prison when he was 17 for theft by taking motor vehicle. He will be 38 years old in a few days, he was a teenage kid then. Will that affect his case at all? His mother has gotten him a attorney, but he still hasn't reached out to me yet.

That was so long ago that it likely wouldn't affect the judge's perception of this case since this is an entirely different type of charge. The judge can still agree to put him on probation, but pretrial diversion is typically only offered for a first time offender. So if he already has a felony on his record, if they won't reduce the charges to a misdemeanor, then his best outcome if he pleads out will likely be felony probation.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 year ago
He plead first offender when that happened 20 years ago and still on probation for that, will that affect his first offender probation. He will be done with his probation sentence in a few months.Also what are the necessary steps to take to have the no contact order dropped?

If he is still on probation for that offense, then yes, this may interfere with that depending on what the terms of his probation are. If only a conviction would trigger a violation, then he can get his attorney to drag this out long enough so that the probation expires. But if just a charge triggers a violation, then it would be up to the judge as to whether or not to revoke him in full or in part.

.

You would have to file a formal request to have the no contact order dropped with the judge who entered the order and explain that whatever happened was a one time incident that has never happened before and you feel absolutely no fear of him or any threat from him. Then it is up to the judge to decide whether to drop it or not.

.

The problem with an aggravated assault charge is that it involves either some type of object used as a weapon, or something like strangulation, which bumps it up to the higher felony classification. So the judge may decide that despite your request, it is in your best interests to keep the order in place. Judges are political creatures and are always afraid of dropping a no contact order, the defendant gets out, and then goes and injures or kills the victim. Then they have to explain to the press why they dropped the order and that they were wrong. It is much easier for them to keep it in place because they don't suffer any political backlash if something happens because they can claim they did everything they could to prevent it..

.

Ask Your Own Legal Question
Customer reply replied 1 year ago
He got Aggravated Assault because his truck hit my SUV, as he as trying to peel off and our daughter, still inside of the SUV, and our son and myself beside it. Then he back his truck into the front bumper of my SUV, but no one was in my SUV at the time.

Ok, then that might be able to be explained as an accident, not something intentional, as he was trying to leave. They typically overcharge just to give themselves some room to negotiate down to a lesser misdemeanor offense.

.

So that is kind of a good thing with regard to him getting the charges reduced..

Ask Your Own Legal Question
Customer reply replied 1 year ago
No matter how many times I tried to explain to the officer it happened while he was peeling out, he kept saying 'so he struck your vehicle, with y'all's child inside and you and y'all's son beside' so that's how he got 3 counts of Aggravated assault, one for each of our children and one for me.

That is a real stretch for the charge then, especially if there were no injuries..

Ask Your Own Legal Question
Customer reply replied 1 year ago
I had marks on me from our dispute that happened, he pushed me and I feel on the wooden talk gate on then to the ground. I know he didn't think I'd stumble, hit his tail gate and fall down. He tried to help me up immediately, and I was just so upset that it had just happened, he has never done anything like that before, that I started loading my kids in the my SUV and I think he was more upset or angry with himself for what had just happened, that when he went to peel out he tapped the side bumper of my car. Then backed back in to try and apologize to me and the children and the ball joint on his truck made contact with my front bumper. No one was injured at all during the time at which they are using the Aggravated Assault charges.

That doesn't sound like it will stand up as aggravated assault based on those facts..

Ask Your Own Legal Question
Customer reply replied 1 year ago
Thank you, ***** ***** If I have any other questions I'll definitely come to you.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

.

Have a great evening!

Barrister

Ask Your Own Legal Question

Thanks very much for the positive rating and generous bonus, it is greatly appreciated!

Ask Your Own Legal Question
Customer reply replied 1 year ago
It's the least I could do. For the first time in 8 days I feel like I may actually be able to sleep.Sorry one more thing, after he was arrested on Sunday, Monday Family children services showed up and they are making me and my children, see their counselors, doing home walk throughs and such sense our children included in the officers Aggravated assault, report. Why if they feel that my children and I are the Victims are they trying to now investigate me? This is what is truly making my children and I feel Victimized.

That is unfortunate but they are likely trying to feel out whether there have been other unreported incidents of domestic abuse or violence that you or the children are covering up based purely on the severity of the allegations here, even if they will eventually be determined to be unfounded.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 year ago
They told me today that I can ONLY take my kids to see their counselor, through their battered woman shelter, NOA. My kids didn't have one make on the at all. They are more traumatized by seeing their daddy be arrested and not being able to talk to him, then anything. He's still in jail with a no contact order, so what did I do to be investigated by DFCS?
Customer reply replied 1 year ago
They have already spoke to me, and both kids. When the social worker asked 'who makes you feel safe?' Both kids without any hesitation said 'Mommy & Daddy' Then the social worker said are you sure cause what daddy done yesterday was very unsafe. Then told me I had to take them to see their counselor at NOA. My kids told them, they have never seen daddy hurt mommy ever, before!

It stinks but they deal with a lot of tragic situations and they go in assuming the worst....that there is a lot of domestic violence going on, you are a "battered woman" and are covering for your boyfriend, and the children are as well..

.

So just tell the kids that this is something that you all have to do together so you can get their father able to come back home...

Ask Your Own Legal Question
Customer reply replied 1 year ago
I told them to just be honest and polite, so this can all be nothing more then a memory and we can all be together as a family with our fishing poles in the water again, soon.Thank you, ***** ***** .

You are very welcome. Just tell them "this too shall pass"...

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,091
42,091 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
My wife is trying to acuse me of domestic violence to
my wife is trying to acuse me of domestic violence to qualify for a u visa, ever since I told her I wanted a divorce. I am a citizen of th usa … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My car was stolen and wrecked during a domestic violence
My car was stolen and wrecked during a domestic violence situation owned by me but insured through my ex now insurance company won't pay to fix it … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I'm looking into domestic violence victim's rights in the
I'm looking into domestic violence victim's rights in the state of Missouri. Specifically related to prevention of eviction from home due to being party to a domestic assault. Rights to change locks, … read more
Barrister
Barrister
Attorney
42,091 satisfied customers
My husband was arrested on domestic violence charges, I was
My husband was arrested on domestic violence charges, I was an aggressor too but he didn't press charges against me, how can we get charges drop? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
957 satisfied customers
I am being charged with aggravated assault and reckless
I am being charged with aggravated assault and reckless endangerment but the guy is lying, can I file a counter claim against him for defamation of character, false reporting? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
It's regarding domestic violence. The police is holding my
It's regarding domestic violence. The police is holding my brother for 72 hours. I asked about bond, but they said it's a mandatory 72 hours. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,198 satisfied customers
Im an currently involved in a domestic violence situation
Im an currently involved in a domestic violence situation and i m having problems with the school giving out my address along with the attorney of the girls giving it out also. Me and the principle ar… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,545 satisfied customers
Is it legal for the courts to take a domestic violence case
Is it legal for the courts to take a domestic violence case and attach it to a driving on suspended case when they have nothing to do with each other … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My boyfriend has a charge of aggravated assault. He has not
My boyfriend has a charge of aggravated assault. He has not be in trouble before and is using his first offenders. The judge still gave him 10 due 3. Is that a correct sentence since no one was hurt? … read more
Bill Attorney
Bill Attorney
law
2,435 satisfied customers
I have been served with a domestic violence restraining
I have been served with a domestic violence restraining order by my son for attending a public soccer game of my GD and a dance recital of another GD. And also for calling dance studio to order flower… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,198 satisfied customers
Domestic violence case is on the 11th that divorce case is
Domestic violence case is on the 11th that divorce case is on the 14th to mediation is on the 7th I have this question according to one of my mini therapist but she's supposed to help you get Rhode Is… read more
LegalGems
LegalGems
Juris Doctorate
12,263 satisfied customers
I was falsely arrested! Accused of domestic violence and
I was falsely arrested! Accused of domestic violence and strangulation! They got a warrant 4 days after the accusations! I lost my job and was not allowed at my apartment where I'm the only person on … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was arrested for domestic violence and my ex called the
I was arrested for domestic violence and my ex called the ada to drop the charges. The ada keeps making me plea deals but has not told my lawyer that my ex has called to drop the charges. Is that even… read more
Bill Attorney
Bill Attorney
law
2,435 satisfied customers
What is the statue of limitations on a Aggravated Assault
What is the statue of limitations on a Aggravated Assault charge in Georgia? … read more
Sean K
Sean K
Attorney/Member
JD
762 satisfied customers
I have an arrest warrant for a domestic violence issues on
I have an arrest warrant for a domestic violence issues on 9/22/2014 that I just found out about through a background check from my potential ! employer never been called or mailed about appearing to … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My husband is going to court for a domestic violence case on
Hi, my husband is going to court for a domestic violence case on April 11th and I was trying to seek legal advice to see if I should go or what should be done in these cases? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I have a question about a misdemeanor domestic violence
I have a question about a misdemeanor domestic violence case … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
540 satisfied customers
Will the application and decree of a domestic violence
Will the application and decree of a domestic violence divorce bring criminal charges against the aggressor? … read more
LegalGems
LegalGems
Juris Doctorate
12,263 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x