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My wife accused me of strangulation which in NYS is a

My wife accused me...

My wife accused me of strangulation which in NYS is a misdemeanor. It supposedly in our house with no witnesses.She went to her parents house and filed a police report.. There were no visible injuries.I was arrested and arraigned. If she signs the affidavit is there a case just based on her word?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I need a criminal NYS lawyer. This is not a real estate case

Lawyer's Assistant: Has anything been filed or reported?

Yes

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

Not yet

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Answered in 3 minutes by:
3/11/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,987
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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 morning. Does she want to proceed with this and cooperate with the State?

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Customer reply replied 1 month ago
Additionally, the next day she called the detective and told him on the phone that she wanted to to drop charges and that in her statement she exaggerated saying "he only pushed me." The detective told her that filing a false police report is a crime."

Thank you for the reply. As the victim, you do have a right to speak with the prosecutor assigned to the case about this and express your wishes that the charge be dismissed. It is possible that they will allow you to fill out a waiver of prosecution, to show you do not want them to proceed. However, the decision is always up to the State. I say this because this is a crime against the State and they represent your legal interest as the victim. If they want to proceed, they can and then their ability to win at trial, will likely come down to your cooperation and if you appear and testify against him. As the victim, they would need you to testify against him and if that does not happen, they would have a hard time proceeding and proving the charge beyond a reasonable doubt.

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Customer reply replied 1 month ago
No.I think that I did not make my point clear. I am accused by my wife of strangulation. There is no physical evidence of that to back that up.If she signs the affidavit is there a case against me just based on her statement?

Yes, there is and the State can proceed. The reason being is that her testimony is evidence and at trial, she can take the stand and testify against you, as to what allegedly occurred. Of course, you can defend this and testify on your own behalf and/or attack her credibility and what is being alleged. Not every case has physical evidence and in cases of domestic violence, if there are no photos or videos showing abuse, it does not mean the State can not proceed, as long as they have the cooperation of the victim.

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Customer reply replied 1 month ago
OK.I done. The stars are not active.

You are welcome. I just activated it. 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.

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,987
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer reply replied 1 month ago
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