First Degree Assault while on Temporary Greencard

[Boiler 45,538]

Threatened with a knife.

[midwinterrose 275]

18 minutes ago, VALU said:

Apparently, the intent was to "scare the spouse" and not "cause injury." Either way, it is wrong. There are marriages who have been saved after a domestic violence dispute. That's why I say with an open mind that it depends on the amends taken after, depending on the degree of the assault/violence:

 

- separate

- Abuser get help and attend anger management classes

- Therapy

- Marriage counseling 

 

If all the above and more take place and it's safe and worth a try to save the marriage and both couples want to save their marriage, then why not. Every situation is different.

 

Would you stay with a spouse who slapped you, even once? That is physical abuse too. The question is, is your marriage worth saving? Is your spouse violent? Are his threatening actions beyond repair? Etc.

This kind of advice ends in femicide.

[Oliversmom 250]

I used to work in the domestic violence section of the County Attorney's Office in Kentucky.  Victims drop charges all the time.  They believe him/her when they say they are sorry and they love them.  Then guess what happens.  They get beat up even worse the next time.  Or the very worst happens.  So I have no sympathy for someone who threatens their spouse with a knife.  They deserve deportation.  

[Orangesapples 1,954]

2 hours ago, FaithProfessoR said:

Correct Maryland does that! Used to live there and police tends to do that. I got a friend that the boyfriend hit her and she never wanted to file against him (domestic violence) but the police charges the guy anyways. But like the others has said A lawyer should be need it in order to deal with the government 

No victim can decide whether to file criminal charges for any crime. Criminal charges are filed by the state/court, the prosecutor decides whether there is enough evidence to file. The victim might refuse to cooperate with the prosecution and make collecting evidence impossible but they don't have the authority to either drop or file criminal charges. They can sue the person who wronged them in civil court but that doesn't carry criminal penalties such as prison. 

 

1 hour ago, VALU said:

 

 

Would you stay with a spouse who slapped you, even once? That is physical abuse too. The question is, is your marriage worth saving? Is your spouse violent? Are his threatening actions beyond repair? Etc.

Slapping is bad enough to warrant no contact with that person ever. Threatening someone with a deadly weapon is on a whole different level and there is no coming back from it. That woman needs to hide from her dangerous spouse. Her life is in danger. 

[VALU 55]

27 minutes ago, Orangesapples said:

No victim can decide whether to file criminal charges for any crime. Criminal charges are filed by the state/court, the prosecutor decides whether there is enough evidence to file. The victim might refuse to cooperate with the prosecution and make collecting evidence impossible but they don't have the authority to either drop or file criminal charges. They can sue the person who wronged them in civil court but that doesn't carry criminal penalties such as prison. 

 

Slapping is bad enough to warrant no contact with that person ever. Threatening someone with a deadly weapon is on a whole different level and there is no coming back from it. That woman needs to hide from her dangerous spouse. Her life is in danger. 

So why do they ask if someone wants to press charges?

[Boiler 45,538]

2 minutes ago, VALU said:

So why do they ask if someone wants to press charges?

Helps the case, I remember once being a witness and asked if they needed me to do anything, well short version was as well as what I saw once the Sherrif arrived they got into it with him. Anyway he said not needed, more than enough he had witnessed and it would be icing on the cake.

[Orangesapples 1,954]

41 minutes ago, VALU said:

So why do they ask if someone wants to press charges?

I don't know who asks who, I'm telling you how the legal system works. The prosecutor whose desk the case ends up being at has the sole authority on whether to file charges or dismiss the case. 

[VALU 55]

18 minutes ago, Orangesapples said:

I don't know who asks who, I'm telling you how the legal system works. The prosecutor whose desk the case ends up being at has the sole authority on whether to file charges or dismiss the case. 

Ok got it. Thanks 

[Going through 5,671]

4 hours ago, VALU said:

Would you stay with a spouse who slapped you, even once? That is physical abuse too. The question is, is your marriage worth saving? Is your spouse violent? Are his threatening actions beyond repair? Etc.

To me, there's a huge difference between (what could be termed as) a-one-time-slap and being threatened bodily harm/death with a knife.

 

Lots of times abusers make amends with flowers the next day and then all is hunky-dory until the next time something occurs.  That's how the cycle of abuse continues---usually accompanying the abused victim then defending the abuser's actions, believing it's part of a normal relationship, etc.

 

Here's the thing, though, that happens quite commonly in abusive situations....it rarely stops at "just one time".  And it always, always, escalates.

 

The knife-wielding incident that took place with your friend?  For all you know, this wasn't the first time something occurred between those two...it just may have been the first time she told you about something that happened.  

 

 

[mindthegap 2,590]

18 hours ago, Donald120383 said:

dont think it matter if convicted or not . once the charges were brought.. it will be a permanent negative record  at the federal level - aka immigration.

 

Being charged does not equal guilt, and anyone can be arrested for anything, and it does not imply or equal guilt.

 

Would there be a record of it? Yes. Does an arrest/charge without conviction render someone deportable? No.

 

Thankfully remaining innocent until proven guilty beyond a reasonable doubt is one aspect of law that remains unchanged.

 

 

Edited January 26, 2020 by mindthegap

[VALU 55]

24 minutes ago, Going through said:

To me, there's a huge difference between (what could be termed as) a-one-time-slap and being threatened bodily harm/death with a knife.

 

Lots of times abusers make amends with flowers the next day and then all is hunky-dory until the next time something occurs.  That's how the cycle of abuse continues---usually accompanying the abused victim then defending the abuser's actions, believing it's part of a normal relationship, etc.

 

Here's the thing, though, that happens quite commonly in abusive situations....it rarely stops at "just one time".  And it always, always, escalates.

 

The knife-wielding incident that took place with your friend?  For all you know, this wasn't the first time something occurred between those two...it just may have been the first time she told you about something that happened.  

 

 

True. Definitely no excuses...

[igoyougoduke 1,656]

1 hour ago, mindthegap said:

 

Being charged does not equal guilt, and anyone can be arrested for anything, and it does not imply or equal guilt.

 

Would there be a record of it? Yes. Does an arrest/charge without conviction render someone deportable? No.

 

Thankfully remaining innocent until proven guilty beyond a reasonable doubt is one aspect of law that remains unchanged.

 

 

decision depends in large part on the discretion of your interviewing officer.