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Accused of strangulation of my spouse. Which bumps Misd Assault in the 4th DV up to Felony Assault 2 DV for the use of strangulation.
A Couple notes:
I have history of drug and alcohol abuse, and multiple rounds of voluntary treatment, and was blackout drunk during the alleged incident-I don't remember a thing.
There is a long history of her violently abusing me, not the other way around. I have never initiated physical contact with her, but she has punched me with closed fists, elbows and knees to the ribs and face for 10 years of marriage. I have only a handful of text messages as evidence in which she confesses guilt for the assaults. I have threatened calling the police on her. How well would this mitigate, if at all?
Photographic evidence shows very feint self-inflicted scratches on her neck, but no bruising resultant from a stranglehold. I have read the law and it does not require injury to be incurred in strangulation for a charge to be brought-I am assuming this does something to the burden of proof. There are no witnesses and it's her word against mine-but I have no story to tell.
She had told me multiple times in the past that she was setting money aside so that she could leave me, in the even that I ever broke sobriety. I drank alcohol after 6 years without.
She called friends who encouraged her to call police-she was not going to initially, and called police 6 hours later.
Does anyone have thoughts on how something like this plays out ?
I am already losing everything, lost my best friend in the whole world, my big home, my good job, and all my dignity reputation and so on. If I had called the police last time she assaulted me in September, she'd be the one in jail, and I never would have gotten tied into this. However now I am the bad guy on paper and in practice.
A Couple notes:
I have history of drug and alcohol abuse, and multiple rounds of voluntary treatment, and was blackout drunk during the alleged incident-I don't remember a thing.
There is a long history of her violently abusing me, not the other way around. I have never initiated physical contact with her, but she has punched me with closed fists, elbows and knees to the ribs and face for 10 years of marriage. I have only a handful of text messages as evidence in which she confesses guilt for the assaults. I have threatened calling the police on her. How well would this mitigate, if at all?
Photographic evidence shows very feint self-inflicted scratches on her neck, but no bruising resultant from a stranglehold. I have read the law and it does not require injury to be incurred in strangulation for a charge to be brought-I am assuming this does something to the burden of proof. There are no witnesses and it's her word against mine-but I have no story to tell.
She had told me multiple times in the past that she was setting money aside so that she could leave me, in the even that I ever broke sobriety. I drank alcohol after 6 years without.
She called friends who encouraged her to call police-she was not going to initially, and called police 6 hours later.
Does anyone have thoughts on how something like this plays out ?
I am already losing everything, lost my best friend in the whole world, my big home, my good job, and all my dignity reputation and so on. If I had called the police last time she assaulted me in September, she'd be the one in jail, and I never would have gotten tied into this. However now I am the bad guy on paper and in practice.
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