my wife was violently attacked by a stranger,he beat her up and attempted to rape her.if the police catch this guy can he plead down to an offense that he will serve no jail time for?
138731
Sadly, for your wife and you, yes! But did your wife fight back? With today's technology with DNA and fiber analysis, if she fought back in anyway, shape, or form she will have skin, blood, and fibers underneath her finger nails and on her person ~ even if there was a brief struggle with her attacker~ she will have at least fibers on her person. I hope you guys went straight to the police station right after the attack, so everything she was wearing and under her fingernails can be submitted for analysis! \n\nHopefully this person has a record and fingerprints on file! And if he does what, evidence your wife can provide will help to catch this a$$hole!\n\nI'm sorry that your wife (and you) have to endure and go through this! I sure do know what your going through, but opposite...my husband was attacked and I just posted an answer about our situation tonight. I will leave the link to my answer for you to read.\n\nHugs to your wife and yourself! Stand strong together... because that's the only way that you guys will be able to get through this!!! Trust me I know! That and the son of a bitch gets caught and convicted!\nMy user id is flutterinbutterfly if you guys want to read our similar situation.\n\nhttp://answers.yahoo.com/question/index;_ylt=AlNhkNAjZSXKREQSNI5gsDjsy6IX?qid=1006042031464
662656
Sounds like he deserves the punishment and this would alert other unsuspecting women, but would his anger and cruelty excalate towards you?  Also, search your heart before you have him arrested, if you are not going to follow through on the charges, it is not a good idea to have him arrested and maybe a restraining order would do the trick.  Although some women at the resource centers may have a biased view, they have understanding and experience.  You have been through enough and do not deserve a harder time, but must explore the ramifications of each option.  Try going to the police station or call a womens' resource center to talk to someone experienced about the whole process before making a decision.  However, don't put off your decision too long as this could be the worst thing for you.
450760
it all depends on the circumstances.\n\nDid the victim feel that he or she was in imminent threat of danger or harm? Was the fear reasonable?\n\nHas there been a history of assault either by your fiance or the victim?\n\nDid your fiance have the means to carry out the perceived threat?\n\nPeople need to keep their tempers in check. The answers to these questions will determine whether there is a simple assault. \n\nApparently, since charges have been filed, the prosecuter thinks there is enough evidence to constitute a simple assault. \n\nGenerally speaking, verbal assault CAN be simple assault. Being convicted is a different question.\n\nBe forewarned, too, that the victim can file a civil suit alleging assault and intentional infliction of emotional distress. \n\nYour fiance really needs to think before he flies off the handle.
238947
HI MJ- Unfortunately, the law states that he can be charged, regardless of his state at the time. The only defense would be temporary insanity, but that has not worked in the past for people who were unaware of their actions due to too much alcohol or illegal drugs, so it would not likely be usable in this case either.  What may happen is that he could plead to a lesser charge due to impaired judgment brought on by a combination of a small amount of alcohol in conjunction with a legal benzodiazepene (I assume here that he had this as a prescription, and was not taking it illegally)- However, even that is iffy, because all people given BZDs are strongly warned about taking it with alcohol, and on the bottle itself there are strong warnings.  If he were using the drug illegally, then that pretty much shoots down all defenses.  But, in the end, just because he did not remember, or even know what he was doing, does not mean he will not be held legally accountable-he definitely will...how strongly will depend on his past record, the reason he was using the BZD, and the severity of the crime.  Get a good lawyer and try to plead a lesser charge based on reduced judgment due to ignorance of the drug interaction effect.  I just hope the BZD was a prescription for him.  Good luck, MJ
515291
You're  not going to jail on a 1st offence misdemenor assault, not to worry.  Make sure your witnesses are their in court for you.  Don't settle for a plea agreement other than J-walking.  Your Attorney should be able to show that the other guys witnesses are bogus.
92391
talk to the public defender.  perhaps he can get a statement from your boyfriend and use it in defense of your case.  hopefully you'll just have to pay a fine and spend less than a year in jail.  good luck.\n\nmaybe plead guilty in exchange for 2 years probation and then they drop the charges after 2 years.
516815
I just dealt with a case like this where an individual was told not to call on go near another person, they filled an order of protection and he ws not present.  He didn't even know it existed.  It was his own mother and step dad.  They lured him to the apartment complex by telling his aunt that his property was on the stoop.  He picked it up.  The next day he was just walking down the street and was picked up by police based on a description and arrested for violation a restraining order, fined and arrested.  I got him released ROR argueing the same points as some of your answers listed above but the short of it is he is going to county lock up if he doesn't beat the charge.  lawyers fees are expensive.  he can now only afford a public defender and they are way over worked, under paid and not to bright, I would expect probation or 30 days incarceration at county lock up and if you are not careful you will receive the same.  After the hearing the constable or someone will make one attempt to serve you and that is it.  You need to obey the order or face arrest.  Unless you have unlimited money for attorneys fee you shouldn't fight it.  Or you might be using the public pretenders office.  Work this out through a third party and be apologetic and humble.  Get this order dropped or you will run into this person and do some time.  This case was in Upstate NY but the laws are very common throughout the US and some places might add stalking.  Big jail time!  watch your step, the law is on the filers side, file a counter order asap.
271652
The only folks that can prosecute criminals are your local law enforcement agency and the district attorney.\n\nIf you'd like to see them potentially prosecuted, you'll need to file a police report with the local law enforcement agency (local to where the crime happened).  It is up to the district attorney to determine whether the person involved will be prosecuted (based on the amount and quality of the evidence, details of the incident, etc.)\n\nThe longer you wait, the less credibility you typically have (especially since there are no independant witnesses).  If you want to file a police report, do it as soon as possible after the incident.  You may be asked to explain any delay in reporting the crime.  \n\nIn the future, the best thing to do for similar situations  is to get to somewhere safe as quickly as possible and call 9-1-1 to report the crime to the police.  If this person was, in fact, drunk, the police are going to want to start looking for them immediately and get them off the road before they actually hurt someone.\n\n---===---\n\nIn response to your edit... why are you letting your boyfriend tell you what to do?  If you want to report it to the police, then report it - you're as much a victim as he is.\n\nObviously, the fact that you are posting this question on Yahoo Answers tells me that you eventually found somewhere safe.  As soon as you get somewhere safe, you call the police.  Somewhere safe can be your home, a place with lots of people, a police station, a fire station, etc.  \n\nIf you report this to the police, something "may" or "may not" happen.  If you don't report it to the police, I guarantee that nothing will happen.  You need to decide for yourself what you want to do.
425068
The only way to get this taken care of without going to court is for the pizza guy to drop the charges.  Even if he drops the charges this will only keep you from having a criminal record for assault.\nYou will still have an arrest record.  To get the arrest record taken off you would have to get a lawyer and get the arrest expunged.   Note:  Assault can be committed by just telling someone that you are going to beat them senseless.  You do not even have to touch the other person.  If you make a verbal threat to inflict physical harm on someone that alone is assault.  When you physically touch them it becomes battery.
473586
In Ohio legislature just changed so that domestic violence became a much more limited offense.  Before if you assaulted anyone you live with or have lived with in the past five years it was a domestic.  Now you have to be married or have a child together for it to be domestic.  Domestic violence is treated as a VERY serious offense, even in our little town where the court will not convict anyone of anything.  The problem with domestic charges is that after a couple of days the complaintant always comes back and wants the charges dropped.  The victim refuses to follow through.  If there is no victim anymore then it is hard to have a crime so it is hard to get the conviction.
544228
tell his wife to go to talk to the district attorney, or give her the person's job address.\n\nok
191485
I don't know exactly what he's facing, but I think it would depend a lot on the circumstances:\nWhy was he in prison in the first place? \nWas it a violent offence?\nWas there some extenuating circumstance behind his escape? (abuse in prison, dying family member, etc)\nDid he hurt or kill anyone while escaping?\nWhat other laws did he have to break to get out, get away, or stay in hiding?\nHow much can he afford to spend on his defence?\n\nIf he was in for a non-violent crime, had an understandable motive for escape (besides that prison sucks), snuck out without violence, hasn't committed any more crimes once out, AND can afford a good legal team, then he MIGHT have a chance to get a slight penalty to his sentence. Pretty slim chance, though. There is probably a minimum sentence, although I'm not sure what, but they could easily add 10 years to his prison term, not counting anything else involved in the escape, if he doesn't have the right answers for those questions. \nJust out of curiosity, I'd love to know the specifics. If you don't mind, e-mail me: epressman617@yahoo.com
432326
No - this is where he goes into open court, and is formally told what he is being charged with.\nThey will ask him if he understands the charges, and if he has a lawyer. If he doesn't have a lawyer, they will appoint a public defender, and give him an appointment with that public defender.\nIf he gets an appointment with a public defender and doesn't keep  it, he will be found in contempt of court.
486016
What were you charged with? If you have written an admission to the crime, you need to plead either guilty or no contest, or the prosecutor will tear you apart. There should be a lawyer at your arraignment, if you live in the U.S. and this is district court, because they always have court-appointed public defenders there for this reason. He or she will give you more information when you explain your situation, and you will be given time to sit with him/her before the hearing.
332583
No one will be able to answer this for you.  It depends on the sentencing guidelines for the state you live in, your man's criminal history, whether he was on probation/parole at the time, and what sort of plea bargain he can work out.  This question should be posed to his attorney only.
627869
Unfortunately, sex offenders don't get much time.  Since a gun was involved, he should get more time, hopefully.  It depends on how well the prosecution does the case, the jury, and how liberal the judge is.  A lot of liberals want the offender to get treatment and there've been lots of cases where a liberal judge will let the offender go.\n\nYour friend should not let that deter her though.  If she backs down, he gets away with it off the bat.  \n\nYour friend will need to seek some good counseling for dealing with this.  Rape is very traumatic.  I was raped almost 11 years ago and it still haunts me.  I wasn't allowed to press charges because my rapist was my estranged husband.  They said a husband has the right to have sex with his wife whenever he wants to. She needs to remember that it wasn't her fault and that she didn't deserve it.
606158
Is it possible for a woman to 'rape' a guy?