One of my friend was arrested and charged with domestic violence with deadly weapon and possession of deadly weapon because his wife claimed that he came home, cut her on her arm with a kitchen knife and ran off. His side of the story, he came home, she cut her self, pushed him out the door and called cops. He waited out side the house for cops and got arrested.
If convicted what is the possible punishment and also how can he proove his story?? the cops did not take knife for finger print and it was only a scrach.
Some one please help me....Thank you in advance
2007-03-12 02:28:41 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Man, ANOTHER false accusation that has sprung up in favor of the 'weaker' sex because of today's 'sensitive' politics. Police will favor the woman's side without so much as ASKING. It's an automatic conviction just on false accusation. The worst part is this man will not be able to own or posses a firearm as guaranteed by the 2nd Amendment due to the ridiculous Lautenburg amendment. But this 'law' is in the process of being removed. Legal costs and fees are another blow to be suffered by the innocent. I just hope the legal argument, or case, on your friends behalf is credible. If he has several run-ins with the law in his record, this will be harder to do. Good luck!!!!
2007-03-12 02:43:28 · answer #1 · answered by Anonymous · 2⤊ 0⤋
A case of he said/she said. It will largely depend on past cases of violence in the home and the judge will decide what will happen by what has happened. I would consider mentioning the evidence aspect of it as well. The knife should have been secured and sent for testing.
The DA may offer him a plea for a lesser assault charge if it was just a scratch. Other elements of the offense besides having a deadly weapon involved usually include severe bodily injury.....
2007-03-12 02:51:59 · answer #2 · answered by dude0795 4 · 0⤊ 1⤋
I know this is not what you are going to want to hear, but it is something you need to hear...your friend needs to hire a good criminal defense attorney as soon as possible, even if he has to borrow money from friends and relatives.
A good attorney is the difference between a felony conviction (which could end up affecting him for the rest of his life...if convicted, not only serving jail time, but most places won't hire people that have felony conviction for at minimum, 7 years after the conviction, if ever) and a misdemeanor or dismissal.
2007-03-12 02:48:43 · answer #3 · answered by bottleblondemama 7 · 0⤊ 0⤋
In maximum states, specific. In Ca un der 273.5 computing device that's a legal, yet, that's oftentimes decreased to a misdomeanor crime for 1st offense. the reason that's a legal is that it enables the police to make an arrest absent the spouses consent; interior the previous the police might arrive and the battered companion does no longer make a voters arrest and the police had no determination yet to pass away. After many homicides while spouses have been murdered the regulation grew to become into replaced making it especially specific that when a companion and young infants battery occured somebody grew to become into going to penal complex. The homicide rates dropped dramatically.
2016-10-18 04:33:20 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Unless she is a contortionist the angle of cut may be indicative of who did it, but also the evidence was mishandled. The knife was a weapon in an assault case and should have been secured as such.
2007-03-12 02:44:06 · answer #5 · answered by Susie D 6 · 1⤊ 0⤋
Good grounds for dismissal for mishandled evidence.
2007-03-12 02:36:14 · answer #6 · answered by lapsuslingue 3 · 1⤊ 2⤋