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xxzzfile · Apr 17, 2009, 05:09 AM

I'm looking for several opinions:
I am charged with domestic violence battery
Misdemeanor 1st and felony 3rd degree false
Imprisonment with my wife as victim. She has
Already signed a declination of prosecution
Because she understands my illness (alcoholism).
I currently taking 7 different pschye meds.
She does not want to press charges and we are
Going for a hearing in a week to try to modify
The no contact order. There was 1 prior incident
With her but the charges were dropped. I have
A battery plea from 5 years ago that was
Non-domestic. What do you think I can get for
A sentence? Obviously I am concerned about
Jail time. Thank you.

JudyKayTee · Apr 17, 2009, 05:15 AM

I would not walk into this without an Attorney and lots of medical information.

Do I see jail time for domestic abuse? Yes.

I don't know where you are but in my State - NY - your wife is not the Plaintiff, she is a witness. The case is State of NY vs you and how she wants the case to proceed is out of her hands.

twinkiedooter · Apr 17, 2009, 03:10 PM

This comes up a lot - the part where the wife changes her mind but the State will continue on with the case and prosecute the perpetrator. She can change her mind all she wants, but that still will not change the mind of the state to drop the case or reduce the charges. Would definitely get an attorney to defend you on this as you are looking at some jail time for this.