Husband Got Arrested

[Leedah 22]

Sad to be posting here...

My husband was arrested today and has a charge of aggravated assault/felony.

(we got into a stupid argument).

Police took his passport too.

He has no bond as of yet.

Any one know what could happen or if he could be deported? He just got into the U.S.

Edited April 14, 2009 by Leedah

[Beth/ Paris Heart 2]

Sad to be posting here...

My husband was arrested today and has a charge of aggravated assault/felony.

(we got into a stupid argument).

Police took his passport too.

He has no bond as of yet.

Any one know what could happen or if he could be deported? He just got into the U.S.

Read this. http://www.immigrantdefenseproject.org/web...s/aggFelony.htm

Has USCIS stepped in yet over the arrest? I googled this site. I hope it helps.

I suggest getting a immigration lawyer. I presume you did not press charges. But USCIS may get involved now.

Im so sorry to hear this. Good luck Hon. Try this one also. http://www.avvo.com/legal-answers/can-a-gr...ony--11538.html Again Im sorry your goiing thru this.

Edited April 14, 2009 by Paris Heart

[CaptainRubyHeart 1]

Sad to be posting here...

My husband was arrested today and has a charge of aggravated assault/felony.

(we got into a stupid argument).

Police took his passport too.

He has no bond as of yet.

Any one know what could happen or if he could be deported? He just got into the U.S.

I have an idea of what will happen. I'm sort of on the other side of things. Two months ago, someone broke into my house and tried to assault me while I was sleeping in my bedroom. My husband had fallen asleep downstairs on the couch, and the guy who broke in walked right past him to get to our bedroom.

Anyway, long story short, he didn't succeed in assaulting me. I fought back and he got scared and tried to run away. I tried to wrestle with him to keep him in the house and almost succeeded, but he managed to wrench away from me and run out our front door. My husband ran after him and followed him down the street at a distance. About that point, the police showed up. My husband showed the police where he'd gone (into a nearby house), and they pretty much just went in, got him out of there, and arrested him. He is now in jail; his court date is tomorrow, actually. He was charged with burglary with intent to commit sexual assault, which is a felony charge. I suspected he was an illegal immigrant (he didn't speak much English), so I asked the detective in charge of my case to please run him through the ICE database, and he did so and confirmed with me that the guy was an illegal immigrant.

I've been following his case pretty closely and asked the police and even asked an immigration attorney about what is going to happen to the guy. It boils down to this: If convicted, he will serve his sentence in the U.S. and then will be placed in removal proceedings. Once deported, he will be a free man in his country of origin.

I suspect your husband will be in a similar situation--he will be in jail until his trial date, and if he's convicted, he'll serve a sentence in the U.S., then be placed in removal proceedings. He will be free once he is returned to his country of origin. Felony charges are taken very seriously. His chances of being allowed back into the U.S., spouse or not, are next to zero.

If you are the victim in this case (which it sounds like you are), you'll receive a victims' statement form in the mail to fill out. The charges pressed against your husband are being pressed by the state. So far as bond goes--if you want to go that route--most jail systems have a Web site that gives you information on how to post bail. Try looking up your county jail on google.

I am very sorry to hear about your situation. Please please please remember that none of this is your fault; do NOT blame yourself. Your husband, I'm sorry to say, made a choice to lash out and act inappropriately, and he now has to face the reprecussions of his actions.

The really sad part about these types of situations is that in the end, we all end up losing something. I was so frightened that I couldn't even walk outside by myself for several weeks; my husband had to accompany me everywhere. But ultimately, I ended up a much, much stronger person as a result of the situation, and I know what I'm made of now. I've healed, and you will, too.

Edited April 14, 2009 by CaptainRubyHeart

[wowswift 3]

you husband will most likely get a trial date or the charges could be dropped if there isn't enough evidence (basically, even if you don't press charges, the state will if there are marks on you or if someone else saw what happened). he is a green card holder, so he won't get deported immed. he might not at all. i don't know what really happens if he does serve time or gets a deferred sentence. but i'm pretty sure criminal record will come up when its time to do removal of conditions. once he gets out, speak to a lawyer about his options.

Edited April 14, 2009 by wowswift

[000OOO000 0]

He just arrived on the 9th and this happened?

[meowmeowmeow 1]

im sorry....but DAMN

[Boiler 45,525]

Blessing in disguise?

[MAO36 30]

Sorry to hear this news Leedah,

I was following your case on the african-sub forum.

I hope things work out for th both of you!

[Cham 3]

if it was JUST a stupid argument how come they have an assault charge on him? They do not arrest someone for just using arguing like that for assault

[tallcoolone 102]

if it was JUST a stupid argument how come they have an assault charge on him? They do not arrest someone for just using arguing like that for assault

If he is charged with Felony Assault

Then it is much more than just an argument........

[MrsRowe 2]

Wow. How did this happen? After all you have been through for him to be here? Did he hit you because they won't just charge him with assault if you were just arguing.

[sus 70]

The laws vary state by state on what the police can charge someone with under domestic violence - They don't always need the cooperation of the victim. However, when I looked it up, Aggravated Assault is defined as:

Aggravated Assault - Felony

Aggravated assault is committed if the assault is with an intention of robbing, raping, or murdering, or if the assault is committed with a weapon that could cause serious injury, or if a firearm is discharged from a vehicle towards a person(s). (source: http://www.mygeorgiadefenselawyer.com/geor...t-and-battery/)

So it seems that this was a lot more serious than a simple "misunderstanding". If this happened after only 4 days of being here - I think you really need to examine your situation and is it the right one and a safe one for you.

[jawi876 2]

The laws vary state by state on what the police can charge someone with under domestic violence - They don't always need the cooperation of the victim. However, when I looked it up, Aggravated Assault is defined as:

Aggravated Assault - Felony

Aggravated assault is committed if the assault is with an intention of robbing, raping, or murdering, or if the assault is committed with a weapon that could cause serious injury, or if a firearm is discharged from a vehicle towards a person(s). (source: http://www.mygeorgiadefenselawyer.com/geor...t-and-battery/)

So it seems that this was a lot more serious than a simple "misunderstanding". If this happened after only 4 days of being here - I think you really need to examine your situation and is it the right one and a safe one for you.

I couldn't have said it better. Leedah please seek some help...not just immigration help either. There is a lot you are not telling (and you have EVERY right not to put it on a public forum)...but don't dissuade yourself. You know what happened, and it's okay to evaluate and regroup. I wish you the very best.

[*JG* 2]

I'm so sorry. Regardless of how it happened or what happened, talk to an immigration lawyer right now.

My own husband had some law issues early on. Not as severe; but scary nonetheless. It turned out not to be anything during removal of conditions.

[Zee Bee 61]

Wow Leedah

I have no advice for you, just make the best decision for yourself. And definitely consult with an immigration lawyer like others have suggested.