Q: My boyfriend just got arrested after I told the cops he choked me. I didnt press charges but wrote a statement, what now
I didn't expect him to get arrested... I told the cops he choked me and I wrote a written statement not knowing they were taking him to jail. No previous assault charges. What is going to happen?
A: Unfortunately, it seems like he will be getting charged with the felony offense of impeding the breath of a family member. Frequently, people do not understand that in these situations it is not necessarily up to the person making the statement if charges are accepted by the District Attorney’s Office. You need to hire a lawyer ASAP to properly defend his case because he is facing a 3rd degree felony with a punishment range from deferred adjudication or probation, 2-10 years in prison.
Kiele Linroth Pace agrees with this answer
A:
He will be facing two to ten years in the state penitentiary and a fine up to $10,000. Even if he gets probation, that will mean living life as a convicted felon with a violent criminal history. In other words, any hopes for a successful professional career will be severely compromised. Deferred adjudication doesn't help either, since family violence cases can't be sealed by nondisclosure, even in the absence of an affirmative finding.
This case could very literally change the course of his entire life. He needs the best criminal defense attorney he (and his family) can possibly afford.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
