I have been charged with aggravated assault after an unfortunate argument with my husband one night.?

Question

I did grab a knife and follow him out to the garage, where eventually I gave up and tossed the knife against a wall and went inside.He is not testifying or pressing charges and is strongly in support of me,however the state's attorney is planning to prosecute. I made the mistake of giving a statement to the military police on the military base where we live. That cop did go down a list of right before I gave my statement. Since I am a civilian, they had to call the civilian police in. The civilian police came in and asked me to give a brief statement and I did, but I don't recall him reading me my miranda rights. He just made it seem like I needed to give a statment. After I gave my statment, I was arrested. This is my first offense and I have no priors. I am not a violent person and can give many character witnesses. How likely is it that I will get out of serving jail time, in favor of probation, mandatory anger management, counseling, etc.? FYI, we live in the state of South Dakota

Thanks for the wonderful answers thus for. No I was not drunk. I don't drink, I don't smoke and I don't party or go out to clubs and such. My life is devoted to taking care of my husband. God knows I did not intend to hurt my him. I just got really angry after seeing a suggestive email he'd sent to another female. I did not hunt him down with the knife or anything. I was standing in the doorway of the garage and he was standing on the opposite side of our car. I never even came close to him with the knife. The reason I tossed it against the wall was to show him that I was done with it. My hubby is leaving for Iraq in a couple of months and he is applying to have the no contact order lifted so that we can spend some time together working things out before he leaves. Yes, I am grateful to God that he's still with me. What is going on in my heart right now is quite comparable to what I felt at the sudden death of my mother. I am truly dying inside. Thanks for all your answers so far.

Answer 1

You are not a violent person? You assaulted your husband with a deadly weapon. That's pretty violent. As for your statement to the police, they do not have to read you your rights unless you are in custody. You were not in custody, so they let you talk to them. A classic example of someone who doesnt know when to keep quiet. It happens all the time. You must remember that when the police are responding to a domestic with a weapon involved, they are NOT there to be your buddy. That's not their job. And I'm not criticizing the cops for doing their job. You have the right to remain silent. You should have exercised it. Now your statement may be thrown out on a technicality of some kind, but dont count on it.

If you are convicted, you probably will not have jail time. You may have a relatively long probationary period and anger management classes are a distinct possibility. And from what you are saying, probably not a bad idea.

More than likely, the DA will offer you some kind of plea arrangement. In many states, there is a "first time offender" disposition that allows you to serve probation and meet conditions set by the court, and then the charges are dismissed with no record. In Connecticut this program is called "Accelerated Rehabilitation." Many states have a similar program. You probably are a prime candidate for this program if it is available.

I suggest you and your husband look at this incident as a time to make some changes. Counseling is a good idea. Most people have arguments in their marriage. Not many of them chase eachother around with deadly weapons. There may be more underlying problems than you realize. And they are probably more important than this legal issue.

I hope you work it out.

Answer 2

Welcome to zero tolerance, these laws were made so that guys would automatically go to jail if the so much as touched a female they live with. Unfortunately they were written in gender neutral language and had the unintended consequence of being fair to men in the case of an aggressive female domestic partner. If a male were to have done something like the event you descrive, they would be in jail as well, since the purpose of these laws was for men to serve time in jail for exactly the type of situation you were involved in. Fairness sucks sometimes. Oh and don't expect to own a gun or ever get a job that involves carrying a gun, that was part of the deal with the domestic violence laws. It turns out that you don't even have to be convicted for some of the benefits of these laws to start kicking in.

Answer 3

Miranda rights are required only after custody/arrest. Any statements made prior to custody were asked during the course of the investigation. If you made self incriminating statements after arrest but before Miranda those statements cannot be used against you.

It will still be hard to prosecute you if your husband refuses to testify. Hope you retained an attorney, you need one.

Answer 4

He probably has some 0% threat of changing right into a member of the armed forces. He already has one offender conviction-strike one. Fraud specially is actual frowned upon for the duration of risk-free practices clearance investigations. actual, this probably isn't in easy terms strike one, yet a pop-out to the catcher. he's pending yet another fraud cost. If convicted, strike 2. Now he's dealing with an attack cost. If convicted, easily strike 3. If this could be a criminal, he's unquestionably executed. on a similar time as a misdemeanor, it could be DV attack, which makes him no longer able to very own a firearm (the Lautenberg modification). with the flexibility to apply a firearm is nearly important interior the armed forces. the secret's that this guy is a dirtbag and could maximum probably grow to be very conscious of the insides of courtrooms and detention center cells over his existence. we've not everywhere for that for the duration of our armed forces.

Answer 5

Even my wife, who has very little self control when she is in the throes of PMS, has never picked up a weapon. I would be truly terrified of anyone who has less self control than my wife. Irrespective of what happens to you legally, I recommend that you get some help. If this argument was related to your menstrual cycle, there are a lot of medicinal options available to you. You will probably also want to go into counseling to get at the root causes of your anger. Good luck...

Answer 6

You need to be held accountable for your actions, you are lucky your man is still with you. Were you drunk and out of control at the time? Face the consequences and get help if you need it, otherwise this could happen again and you may be facing murder charges.

Answer 7

my hope for you and your family is that the charges are dropped because the consensus seems to be that there wasn't any violence intended. that being said, you'll probably have to attend psychotherapy and might get probation because when someone raises a knife to someone else, questions have to be asked. anyway, best of luck with your situation.

Answer 8

wow waving a knife around is pretty serious, you may have to attend domestic violence diversion classes and be on probation, talk to your atty.