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The victim is my BF, I hammerfisted him in the back during a fight, trying to get him to stop ripping up some books of mine. Somehow, the cops were called, I went to jail for hammerfisting him, and now I have three counts of simple assault. We're still together, not fighting, and he says he refuses to testify against me. Nope, haven't talked to my public defender yet.

2006-07-19 00:56:44 · 8 answers · asked by Del 2 in Politics & Government Law Enforcement & Police

I should add, in the state of SD the state presses charges. Not the victim. It's a good protection thing. It just seems silly in this case, because my intent was never to hurt him. Just to get him to stop destroying my books. I've never raised a fist to anyone in my life.

2006-07-19 01:03:07 · update #1

Both of our mental states are just fine. We just decided to act like a couple of stupid kids one day because we had been having tiny spats all week and were just sick of it. So we were both being dumbasses.

2006-07-19 01:05:48 · update #2

I never add enough details to the original question. Yes, it was only one incident, they just got me with three counts and I don't even know why. But, three counts equals felony. And I've already pleaded not guilty. I won't even go for a plea bargain, because I don't want that crap on my record. I've been told that if he doesn't testify against me, the state HAS to drop the case. I'm still nervous though. I've never been in trouble before. And how on earth does anybody gather from my question that it was part of some imaginative sex thing? WTF?

2006-07-19 22:04:46 · update #3

8 answers

Unfortunately this happens a lot here in New Hampshire as well. There is not much you can do about it even if your boyfriend testifies or not. I would encourage you to get a good lawyer if you can afford one. Public Defenders do not always do the best job they could be doing.

2006-07-19 05:59:16 · answer #1 · answered by Erica, AKA Stretch 6 · 0 0

Demonstrate hammerfisting on the judge so he/she understands it's more of a love thing, and it's not like you had a knife or chunk of concrete in your hands at the time. The police probably just didn't understand the manner that you and your boyfriend arouse each other, but your bf can clear that up by submitting a new written statement for the court. Next time close the windows so that people don't hear the thudding and get the wrong idea and call the police. I personally like your innovation and imagination in making the relationship more alive and stimulating.

2006-07-19 03:39:00 · answer #2 · answered by nothing 6 · 0 0

If your BF will not testify, there is a good chance you will either be let off outright, or just receive probation. You said three counts. Were they all from the same incident, or did you do it more than once? The maximum you MAY receive for a Class A misdemeanor is up to 364 days in the County Jail, for each count, probably served concurrently, which means all at the same time.

2006-07-19 04:24:44 · answer #3 · answered by stephen p 4 · 0 0

Some states have a zero tolerance for domestic violence. The state acts on the behalf of the victim. If convicted, you would most likely have set probation and a fine (court costs and such). You really need an attorney though. Most of the time if you plead guilty without one, you get jail time. Attorneys bargain with the prosecutor and negotiate a deal for punishment.

2006-07-19 04:28:25 · answer #4 · answered by sexxymexxy926 3 · 0 0

If you go to jail, you get a guard that will love you.

seriously thou: you better get your mental state in order before getting into any other relationships. and you might want to drop that boyfriend. sounds like he was ripping up your personal property and even if married, he doesn't have the right to do that.

try fighting fair in your next life.

2006-07-19 01:01:30 · answer #5 · answered by a1tommyL 5 · 0 0

There are not any "magical words" in spite of the indisputable fact that the most in all probability solutions can be a million.i love you 2. i'm yours 3. i pick you 4. i pick you 5. Will you marry me? (no longer 3 yet truly enriches the right relationship)

2016-12-01 21:53:05 · answer #6 · answered by ambach 3 · 0 0

Probably probation, unless the charges are dropped due to his unwillingness to testify.

2006-07-19 01:00:54 · answer #7 · answered by vertical732 4 · 0 0

If he will not press charges then I think your good to go, but I am not a lawyer.

2006-07-19 01:00:09 · answer #8 · answered by B R 4 · 0 0

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