different types of assault/domestic violence?
My sister has been in an abusive relationship for awhile. Recently the guy beat her up pretty bad. He punched her in the face, the back, bit the crap out of her and threatened to kill her and her entire family. His actual words were "I'll cut you up into little pieces and throw you in the lake." Anyway, she left him and called the cops. They took pictures of all her bruises and bite marks. He was arrested a month later. I don't know why it took so long. All I know is he is being charged with assault, but I'm not sure what type of assault. I was wondering b/c my sister went back to him shortly before he was arrested and now she is trying to get him out of jail. She tried to drop the charges, but they told her in Texas, where we live, it automatically goes to the state and there's nothing she can do. I want him to stay in jail as long as possible and try to talk some sense into her. His bail is $10,500 which according to him is over $8,000 more than the other people in there charged with the same thing. So she can't afford to bail him out, and now she's working non stop to pay all of his bills while he's in jail. Its ridiculous. He's got her wrapped around his finger. So I was wondering what level of assault this would be, and what his sentence will most likely be? Thanks for any input!
we've tried two different interventions with her. she just got mad and left both times and didn't talk to anyone in the family for over a month. she says she knows she is being stupid, but she won't leave. shes 26 years old, we can't hold her against her will. we can't have her committed against her will also, so what else can we do?
- Ashley SLv 51 decade agoFavorite Answer
well as I am sure that you know this is considered domestic abuse and in some states charges are pressed whether the victim wants them or not. Also his bail could be higher if he is a repeat offender. As far as the assault goes, he should be charged with assault and battery because assault is a threat and battery is actually physical harm done which from what you have posted stated that he did physically harm her. If he did not use anything considered to be a weapon he would definitely not be charged as assault witha deadly weapon which is basically attempted murder.Most likely he will either be charged with aggravated assault or assault and battery.It may be possible for you to find out what he is being charged with by calling the local court house that he will be tried at. Also sentences vary greatly and that is up to the judge, it could be time in prison,could be also treated as a misdemeanor or a felony. Also possibly see if there is any way that you could get an emergency order of protection against him since you said he is threatening the family as well.Source(s): previously worked in a police dept.
- Diana BLv 71 decade ago
The specific assault charge would be defined by the criminal statutes of Texas. Yoru question is vague on the most important details - all that stuff about what she's doing for him, that's all irrelevant.
Depending on the severity of injury, or if he used a weapon, this could either be a misdemeanor or a felony in NYS.
"She tried to drop the charges"
Charges are not pressed or dropped by private citizens, even the principal victim.
"His bail is $10,500 which according to him is over $8,000 more than the other people in there charged with the same thing."
Bail isn't based entirely (or even principally) on the nature of the crime, but the record of the defendant. His is probably noteworthy enough.
"I want him to stay in jail as long as possible"
This probably won't be long if the victim doesn't cooperate.
Unless there are other witnesses to what happened, unless she cooperates, the case will probably crumble.
If she reported the crime immediately, anybody who spoke to her about the facts of the case in the immediate aftermath of the incident may be able to testify as to what she said. Statements made outside of court are typically inadmissible when used to "prove" the substance of those statements. An exception to that rule (unsurprisingly used in domestic violence cases) involves "excited utterances" - statements made out of court about an incident that had just happened. There is no specific time limit as to how immediate the statement must be made, but it must be made while that witness is still under the emotional stress of the incident. (Just because it's admissible doesn't prove it's true - that's still a jury question.)
- 1 decade ago
Firstly, shes an idiot for trying to get him off. But then again, she probably thinks she can "change" him. What a monster he is! In the UK he would be charged with Assault and threats to kill.
Do me a favour- grab your sister. Shake her and tell her to get a fecking grip!!! This man is only going to batter her again and again...Take her to a counsellor and make sure she gets the help she needs.
edit- if you've tried twice then its time to take more drastic action. I would use the internet and collect stories of domestic abuse victims. I'd go as far as contacting a local women's centre and making her go see them. She needs someone to listen to her side of it, until people listen to how she feels she won't bother taking advice.
- 1 decade ago
It's really hard to say as what he gets charged with will also depend on his statement and plea! However that fact that they documented her bruises will be a good thing, sorry I can't be of more help, I hope you talk some sense into her soon!
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- Richard KLv 51 decade ago
Officially, this would be an assault and battery case.
Judgment would be based on the degree of assault ; clearly, this is not a simple "slapping" matter.
Additionally, if this is not a first offense, the sentence will be greater.
(In light of the graphic details you have listed, I believe your sister has some serious masochistic tendencies and should get psychiatric treatment) !
- StaceyLv 44 years ago
Terrorism is the threat to do bodily harm to some one else, like "wipe us off the face of the earth". Terrorism matters because if we do not fight back, we could all die. Difference in terrorism and political violence is terrorist wants to kill all US citizens, politicians want to kill each to cover up pass corruption, anything to win, and their violence is a lot of stabbing in the back of their best friends that help them cover up.
- FaZizzleLv 71 decade ago
You need to get your sister some help. This man nearly killed her and she wants to get him out? Get her help. Now. Intervention. She's a victim who doesn't know she's a victim.
You could say that this was attempted murder if they wanted to. Regardless, I can't say this enough...
GET YOUR SISTER HELP.
I'm serious about staging an intervention. Get her into a safe location and forbid all contact with this jerk. There are support groups out there.
- 1 decade ago
They should be charging him with a/b domestic which in MA could be up to a 4 yr sentence, but it all depends on his record too, 1st offense will prob get off wit probation and court fees, but in TX their laws are alot stricter so i dunno
- Lori JLv 41 decade ago
it is a felony charge, probably could get probabtion though if he hasnt been in trouble before. My advice to you is to kidnap your sister if you have to to get her away from him.
- Anonymous1 decade ago
a man punches or kicks
or uses his fist