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I was charged with simple assault and criminal threatening…

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I was charged with...

I was charged with simple assault and criminal threatening on my mom one night when she called the cops black out drunk one night thinking I was having a break down. I was fine. We all decided I would go to a hotel for the night and return in the am. The cops called me a cab and I left only to return I had lost my debit card. The driver called the cops and when I got back to my house I was walking in to get it or money I put my hand around my moms back and pulled her forward to whisperhow retarded this whole thing was and before I could finish my sentence this young rookie GDP hand cuffs me for assault. Now there was no theft of violence marks. My mom says I didn't hurt her or threaten her. Can I get this dismissed

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Beginning of this past odometer Portsmouth nh

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

I really don't think I need one. This is junk.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have privlage to contact she didn't call cause I was not out of control.

Submitted: 5 months ago.Category: Legal
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Answered in 11 minutes by:
11/22/2017
Lawyer: RobertJDFL, Attorney replied 5 months ago
RobertJDFL
RobertJDFL, Attorney
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 5 months ago
The prosecutor told my mom I guess she was going to offer me a30 day suspended sentence. 500 fine and counseling or something. I am not taking that deal I didn't do anything. And I'm not pleaing. I know if I go to trial I'll win work no lawyer.
Lawyer: RobertJDFL, Attorney replied 5 months ago

Good evening,

Based on these facts, I think you have a solid defense. Nothing in the facts appears to meet the elements that a prosecutor would have to prove.

In terms of criminal threatening, RSA 631:4 provides that someone is guilty of criminal threatening if they make claims that they are going to hurt someone or otherwise come in contact with them physically. Criminal threatening also includes putting objects or graffiti on another person’s property with the intent to terrorize that person; terrorizing another person; or making threats that would lead to the evacuation of a building, public transportation, or other area that would cause significant public inconvenience.

The statute makes clear that criminal threatening essentially has three fundamental elements: 1) threatening to commit a crime, 2) against another person, 3) with the purpose of terrorizing that person. Under this law, the mental status of the person making the claim is not determinative; rather, what matters is whether the person against whom the claim is made believes he or she will be immediately hurt. You didn't say anything threatening, nor did you approach her in a threatening manner or put her in fear. So I think it would be very difficult to establish this.

Simple assault in the State of New Hampshire is defined as unprivileged physical contact that results in bodily injury ( RSA 631:2-a Simple Assault). Unprivileged means without permission or unwanted. Therefore, any touch, slap, hit, poke, spit, or push could result in a simple assault charge. Additionally, simple assault can result from someone throwing an object or placing an object in a way that would result in injury.

Again, nothing in the facts you've provided suggests you did anything that would be considered simple assault. You left the home with the consent of the police, and returned to get your debit card.

All of that said, only the prosecutor can voluntarily dismiss the charges, and as of right now, he appears unwilling to do that. While you have the absolute right to defend yourself, I would encourage you to at least speak to a defense attorney about this (many will offer you free or low cost consultations and there's no obligation). A conviction could result in a permanent criminal record which I know you do not want.

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