(Virginia) Assault and Battery Charge on a Family Member?
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(Virginia) Assault and Battery Charge on a Family Member?
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This question will be a little long but it is the only way I think I can get a good answer.
It was this past Monday/Tuesday Morning(Officially on April 14th)
a little after midnight
I worked until 10 the night before
and Steph(My gf) and I got into a long arguement because she was flirting with this girl(She's Bi), and refused to stop
so we cussed each other out back and forth
and she got upset
and ran into the bedroom closet
she tried to kill herself with a shoe lace, and the only reason I even knew she was going to, was because I went in there to check on her.(She has a history of trying to kill herself when she is under pressure, but never this bad)
(I keep my dresser in the closet and she had it tied to one of the draws)
I ran in there and she started screaming and yelling
hitting me, scatching me,etc
I eventually started yelling back and telling her to stop and get out of the closet
she started kicking me, and damn near kicked me through the wall
I hit her in the leg, jumped on top of her, and pulled the shoe lace off.
She had pulled all of my clothes off of me
I ran back into the living room and went to my local town's website to go into the "Emergency Contact Numbers" and as soon as I did I got a knock on the door
after talking with the cops, they arrested me and charged me with assault
The cop later took me to Walmart because they "Awarded" the apartment to Stephanie.(Though he said, that even though I wasn't allowed to see or talk to her until the 20th when the restraining order set by the state expired, I could have a friend call and work it out where I could get the apartment and she could stay with family being I am originally from NC)
I told them how most of the friends I had here lived in West VA(They prohibited me from leaving the Commonwealth of Virginia)
and they said "It wont their problem"
so I was at Walmart for a little bit
talked to some of the overnight staff and bought a new sweatshirt because it was cold and I didn't even have a jacket.
and ended ip staying at a friends house for the night
Steph and I were prohibited from seeing/talking to each other in anyway until April 20th at 4:30PM
A lady called her that Wednesday to do their "Checkup"
and Steph explained to them what really happend
and they said they "Didn't believe her" and that she is "Battered" That set her off and she cussed the woman out.
But it put her into an anxiety attack and she ended up going to a Mental Hospital, only to be let go that same day, and spent the night with her Mom.(She freaked out and tried to kill herself again)
she is now under suicide watch and is having to do 15 Straight days of Therapy/Counseling, where they come and do a home visit..
She came back here to our apartment a few hours after the order expired.
and this is, the short story
So, my first court appearance is Monday April 27th at 8:30AM
and the Commonwealth of Virginia is going to push the charges, even though Stephanie doesn't want them to because it's not my fault.
Is there anyway I can get this dropped? if not, what is the likely punishment I will receive? I am a first time offender, and my gf and I are both 18.
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Ben
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Under Va Code 19.2-151, a simple assault and battery charge, a judge may issue an order to dismiss the prosecution altogether if certain conditions exist referred to as " accord and satisfaction". Under this rule, the injured party must appear in court and acknowledge in writing that he/she has received satisfaction, usually in the form of monetary compensation, for any injury sustained. Also, since you were not the aggressor, rules under this same section allows you to defend yourself against an aggressor. So, you have mitigating factors. Worse case scenario, Jail up to a year, probation, fine, and a criminal record record. Up to the judge. Consult an attorney.
Your GF is bi, flirtatious, impulsive, volatile, aggressive, suicidal, and has a past history of suicidal episodes (extremely dangerous combination for you and her). Do you understand that even if you are successful with the charges, your problems will continue as long as she is your GF unless she has serious, long term successful therapy???????????? |
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