5th degree assult in minnesota

[abomb555]

my wife and i were partying last weekend and drank to much tiquila...we were not fighting at all but i was raving around the hous blacked out like a lunitic and trying to crank the music on my patio at 4am the wife told me a few time to get under control and go to bed or she would call the poliece...i didnt and she called them...assuming they would tell me to chill out and go to bed or and she told the cop can you just take him to detox to sleep it off and he laughed at her and said "we dont have a detox" well the asked if she felt "safe" she didnt know what to do cuz i have never been that drunk and so she said no...once she said no they slapped the cuffs on me and slapped a charge of assult...i pled not guilty...the judge let me out with no bail and did not give me a no contact order...let me go hmae and gave me a court date...now my question is: the wife is not pressing charges and didnt want mew arrested but the prosecute wants to talk to her to do a deposition and we want to know if she should do it or denie it...she would be a good charecter wittness but dont want to be tricked in to helping them build there case...only thing the have as far as contact is at some point i pushed her when iwas comming up the stairs and she was drunk to so she fell :/

anyone have any actuall experiance with this...these charges could jeprodize out future...hell we dont even fight and been together 15 years

has anyone been asked the question in this sort of deposition so we know what to expect should she decied to do it?

 

[WoodyO]

Are you still drunk right now?

 

[abomb555]

lol no dude im at work
not an alchy bro....but obviously not a tiquila drinker either

 

[WoodyO]

Most states have a law that basically states when cops arrive at a domestic disturbance call - somebody needs to go downtown. It doesn't matter if nobody wants to press charges. They're not gonna risk being called back a 2nd time that night.

If she doesn't press charges, then they'll most likely let you go and drop the case on your court date, You will be stuck with the bond tab though.

 

[lander2312]

ok if she gave the officers a statement that you pushed her and she fell down and then also stated that night that she did not feel safe your not in a good position. You def do not need to let her go alone to talk to the DA. Hire a lawyer and have him go with her so that she does not help them in the case but to be honest they already have enough to convict you of simple assault. Depending on your specific state laws she is not the one who is prosecuting you. Several years ago most states relieved the victim of the burden of being the one to prosecute.

 

[redsamurai]

If you're interested at all now or in the future carrying a concealed firearm, even if they don't ever press charges, this will still be on record and used against you to deny you the permit. Happening all over the place now. Even unpaid parking tickets are being used.

 

[abomb555]

ok if she gave the officers a statement that you pushed her and she fell down and then also stated that night that she did not feel safe your not in a good position. You def do not need to let her go alone to talk to the DA. Hire a lawyer and have him go with her so that she does not help them in the case but to be honest they already have enough to convict you of simple assault. Depending on your specific state laws she is not the one who is prosecuting you. Several years ago most states relieved the victim of the burden of being the one to prosecute.

yeah what she didnt ecplain was it wasnt violence against each other i was to turn the radio and she shoved me and i shoved her back...unfourtunetly we were climbing all over all the junk in our garage and we both fell......shes so fuckin pissed off right now that there are spinning it the way they are

she actually went in and demanded the prosecuter NOT press a no contact order bucause in her word "this is bull shit" and there was no assult
but to them name calling is 5th degree :/

 

[jnevin]

This reads like an application to become a truck driver.

 

[abomb555]

Rotflmao

 

[SpyWizard]

yep, in minnesota even if you don't get convicted it could stop you from getting a concealed carry permit too.. it's ugly and dumb for her to do, or rather mis informed.. in your case you should contact an attorney, and have the cops contact the attorney if they want a statement..